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NRV Processing Srvs., LLC
Acceptance of the NRVP Agreement
By using NRVP Services or NRVP Website described in this Agreement, you agree to be bound by all the terms and conditions of this Agreement. You are referred to as the Client described. If you are not making this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the Client and that your actions will legally bind the customer.
Control of Web Site
NRVP is the sole decision-maker as to the use of the NRVP Website.
Customer Information and Online Registration
Access to some areas and use of some functions of NRVP Services or the NRVP Website may require you to register. You agree to: (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) and keep it accurate, current, and complete. You acknowledge that if any information provided by you is inaccurate, not current or incomplete, NRVP reserves the right to terminate this Agreement and your use of this website and related services. As part of the registration process, you may be assigned a password or be asked to select a password. You will be responsible for the confidentiality and use of your password and any customer number. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND CLIENT NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING REQUESTING SERVICES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If for any reason you feel either your account number or your password has been compromised or duplicated, you must immediately contact NRVP at ClientServices@nrvprocessing.com or call 855-737-8631 to change your password or account number and to stop any service requested.
Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through NRVP may, at its option, be conducted electronically through email or via the NRVP website. If you do not wish to have these transactions conducted electronically, you should not enter into this Agreement. You agree that NRVP may determine (from time to time) to provide all or any part of its Services non-electronically, and that those Services will still be governed by this Agreement.
Changes or Amendments
NRVP may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website. Any changes that NRVP makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. You will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of NRVP Service or the NRVP website, following the posting of any changes, constitutes acceptance of those changes.
Affirmations and Declarations
By using the NRVP website and NRVP services, you represent, affirm, and declare, under penalties of perjury under the laws of the Commonwealth of Virginia, that: (1) you agree to adhere to the laws and regulations, and jurisdiction of the Commonwealth of Virginia, County of Montgomery.
You and NRVP are independent contractors. Neither you nor NRVP is an employee, agent, representative, broker, or partner of one another. This Agreement shall not be construed to create an association, joint venture, or partnership between you or NRVP to impose any partnership obligation or liability upon either party.
NRVP has the sole discretion to determine the fees charged to you for using its web site or Services. Fees for NRVP Services may vary by Client, location, service level and/or the amount of time spent completing Services. NRVP reserves the right to change its fee structure at any time without notice. At any time you can request our fees by contacting us at 855-737-8631.
The fees charged by NRVP are for the attempt(s) made to serve our client's documents. If a cancellation of service(s) is requested after the documents have been assigned to a server, the fee (up to the full amount) of the original fee for service may be charged. This amount will be determined by NRVP. Any refund to the client will be made in the form of a check from NRVP.
Please attempt to confirm the service address before assigning your documents to NRVP. If the address given to us by our client for the defendant/witness being served is incorrect, an additional fee that may equal the original amount will be required for service at the additional address.
The base fee charged includes up to three (3) attempt to serve the company or individual at the address given. Any requests for additional attempts will incur additional service fees.
A $.20 per page or $5.00 (each per every additional 10 pages, whichever, is greater) copy fee will be charge for any documents that exceed the total number of forty (40) pages. Certain service areas incur an additional “Rural” fee, ranging from $10.00 to $25.00, in addition to the base service fee.
Service Guidelines and Procedures
The fee for serving your documents in based on the number of BUSINESS DAYS in which we have to serve them. Service is NOT guaranteed within these days. What is guaranteed is that NRVP will make documented diligent attempts to serve your documents within these days. Because the Servee (or recipient) may avoid or is not available, such are circumstances beyond the control of NRVP.
Unless other arrangements between the Parties are made, payment for services rendered are due either in advance, or due within 10 days of receipt of invoice. Payments not received within 30 days are assessed a late fee of $25.00. plus 2% per month finance charges if failure to pay within 30 days from the date of invoice, plus reasonable court costs and attorney’s fees to collect any balance due.
NRVP contracts service with numerous process servers, constable and deputies nationwide. The client is responsible to inform NRVP of any poor experiences with other process servers to ensure that the same process server is not used by NRVP.
Any taxes which NRVP may be required to pay or collect under any existing or future law in connection with providing you with the Services shall be charged to your account.
In order to have open account terms, the client agrees to be invoiced and NRVP agrees to invoice client at the time of the initial request. If accepted and mutually agreed, the Client will be billed for services rendered. A valid Visa, MasterCard or American Express card may be required to use the services of NRVP, even if applying for open account terms. Continuing credit card billing is available for Credit Card Account customers who do not want open account terms (Out of State customers this is your only option). Because all transactions are conducted electronically, it is understood and agreed that the physical credit card need not be present with NRVP in order for the charge to the card to be valid and that the validity of such charges will not be challenged. If open account terms are granted, it is understood and agreed that the person, firm or company to whom credit is granted is liable for payment of all invoices. A person, firm or company to whom credit is granted may have a third party pay an invoice directly to NRVP. However, it is understood and agreed that NRVP has no relationship with such third parties and has no obligation to collect from them. Payment obligation rests solely with the person, firm or company that submitted the request for service/assignment and to whom credit was originally granted and that NRVP will hold that person, firm or company liable for payment of any invoice submitted to a third party for payment. NRVP reserves the right to restrict the credit of any customer for any reason.
Disclaimer of Warranties and Limitation of Liability
You agree that your use of the NRVP services and information on the web site is at your own and sole risk. All services are provided on an as is and as available basis. NRVP disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence. NRVP assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. NRVP does not guarantee continuous, uninterrupted or secure access to NRVP Website or NRVP services or that defects in its website will be corrected. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data. Without limiting the above, you agree that NRVP and its parent corporations, subsidiaries, partners, employees, agents, affiliates, subcontractors, and/or consultants do not make any warranties or undertake any duties regarding, without limitation, the following: (i) Infringement of title or quiet enjoyment; (ii) Functionality, including functionality of search or retrieval software; (iii) Accuracy, completeness, or completion of forms; (iv) Receipt of DOCUMENTS by local governments; (v) Appropriateness or propriety of DOCUMENTS pulled for a particular job; (vi) Approval of DOCUMENTS by local governments; (vii) Timeliness of services; (viii) Uninterrupted, secure, error or virus-free service or storage; and (ix) Adequacy of fees paid to local governments.
You agree that your sole remedy for any breach of this Agreement by NRVP or any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of NRVP, be the following: (i) correction of any Service causing you damage; or (ii) refund of the amount you paid for the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.
No Incidental or Consequential Damages
To the fullest extent allowed by applicable law, you agree that neither NRVP nor any of its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors or consultants will be liable to you, your heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not NRVP has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the NRVP Website or NRVP Services.
You agree to indemnify, defend, protect and hold harmless NRVP, its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants and their respective directors, officers, employees and agents from and against all losses, claims, and expenses (including attorneys' fees and costs, incurred by NRVP with or without suit and whether incurred on appeal or in bankruptcy) arising out of or relating to (i) your breach of any terms of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the Services of NRVP to violate the laws and regulations of the jurisdiction, (iii) your use of the NRVP Services or your failure to pay all sums due NRVP or any local government; and (iv) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on the NRVP web site.
Termination or Cancellation
NRVP reserves the right to terminate your use of the NRVP website and services, without notice, for any reason or no reason at all. If your use of the NRVP Website and Services is terminated or cancelled, you agree that neither you nor any other party will hold NRVP , its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants, liable for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not NRVP has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.
Intellectual Property Rights
You agree that except as expressly provided that the content and website are protected by intellectual property laws. NRVP reserves the right to suspend or discontinue all services and online registration for any person or customer that appears are infringing on the property rights of NRVP or any of its subsidiaries.
Comments and Suggestions
You agree that any comments or suggestions that you provide to NRVP regarding the NRVP Services, including, without limitation, feedback, suggestions or ideas in response to any customer survey shall be deemed, and shall remain, the property of NRVP. None of the Comments shall be subject to any obligation of confidence on the part of NRVP and NRVP shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, NRVP shall exclusively own all rights to the Comments of every kind and nature and shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation to the provider of the Comments.
This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and NRVP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Virginia.
NRVP shall not be responsible for interruptions, delays or failure in performance resulting from causes beyond its reasonable control. Such acts shall include but not limited to acts of God, war, riot, acts of terrorism, labor stoppages, governmental actions, fires, storms, floods, utility outages, and/or earthquakes.
Third Party Rights
The provisions in this Agreement are for the sole benefit of you and NRVP and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when it shall have been delivered by both electronic mail to the Party to which it is required to be given, at such Party's electronic addresses specified below, or by certified mail, return receipt requested, at the addresses below, or at such other address as the Party shall have specified in writing to the Party giving such notice.
NRV Processing Srvs., LLC
P.O. Box 6491-24068
Christiansburg, VA 24073
Arbitration. Any and all disputes arising out of or relating to this Agreement (including any Annex) shall be finally and exclusively settled through final and binding arbitration. In the event of any dispute between the parties arising out of or related to this Agreement (a “Dispute”), the Dispute shall be submitted to binding and final arbitration, in the following manner and according to the following procedures.
(a) A party to this Agreement shall provide written notice of the existence of a Dispute and a demand for the commencement of Dispute Resolution (“the Initial Dispute Notice”). The parties shall thereupon attempt to resolve the Dispute amicably for a period of thirty (30) days (the “Negotiation Period”). Nothing herein shall require either party to offer to modify, alter, adjust, increase or reduce its claims or rights under the Agreement.
(b) In the event that the Dispute is not resolved during the Negotiation Period, either party may issue to the other party a “Demand for Arbitration.”
(c) Within thirty (30) days of the delivery of a Demand for Arbitration, the parties shall select an Arbitrator. The Arbitrator shall not be affiliated with, or have been affiliated with either party. Each party shall bear the costs and the fees of its Appointing Representative.
(d) There shall be one arbitrator.
(e) The venue shall be Montgomery County, Virginia.
(f) The language shall be English.
(g) The arbitrator shall apply the laws of the Commonwealth of Virginia.
(h) Each party shall bear its own attorneys fees. All other fees, including filing fees, administrative fees, and the fees of the arbitrator, shall be divided evenly between the parties.
(i) Except to the extent that this Agreement provides otherwise, the parties and the Arbitrator shall apply and be bound by rules governing Arbitration in
the Commonwealth of Virginia.
(j) Each party submits to the jurisdiction of The Commonwealth of Virginia, County of Montgomery, for purposes of enforcement of this arbitration provision.
Neither this Agreement nor any part or portion may be assigned or otherwise transferred by the Client without NRVP’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance.
Effect of Agreement
This Agreement (which includes all current Amendments, requests, applications, credit terms, the disclosures provided by NRVP and the consents provided by you on the the website, embodies the entire agreement between you and NRVP. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in that provision and the allocation of risks set forth in this Agreement, and agree that the remaining provisions of this Agreement shall remain in full force and effect.
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement by using the Services of NRVP. You agree to comply with all cities, county, state and federal laws and ordinances relating to the NRVP Website and/or NRVP Services.