Terms of Service
1. AGREEMENT TO TERMS
These Terms of Service (“Terms”) form a binding agreement between you (“User,” “you,” or “your”) and BK Attorney Services, LLC, a Washington limited liability company doing business as Certificate of Service (“Company,” “Certificate of Service,” “COS,” “we,” “us,” or “our”). These Terms govern your access to and use of the Certificate of Service website, software, platform, and document-mailing services (collectively, the “Services”).
By creating an account, submitting documents, or using the Services, you affirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Services. Users must affirmatively accept these Terms before using the Services. The individual accepting these Terms on behalf of an entity represents and warrants that they have full legal authority to bind such entity to this agreement. If accepting as an individual, you represent and warrant that you have the legal capacity to enter into binding contracts. Use of ACH payment options requires separate acceptance of our ACH Authorization Agreement. You acknowledge that you have reviewed our Privacy Policy, which describes our data collection and handling practices.
2. PROFESSIONAL USE ONLY
The Services are designed exclusively for professional, business, and commercial use by commercial customers and related entities. By using the Services, you represent and warrant that:
- You are of legal age to enter binding contracts under applicable law
- You are using the Services for professional, business, and commercial purposes
- You have the authority to bind your firm or organization to these Terms
- Your use is for professional purposes, not personal consumer purposes
3. DESCRIPTION OF SERVICES
3.1. Services Provided
COS provides:
- Document processing, reproduction, and printing services
- Mailing services via USPS, including first-class, certified, priority, priority express, and other mail classes as available
- Electronic retrieval of ECF Master Mailing Matrices
- Online tracking and management tools
- Payment processing via ACH (Automated Clearing House)
The Services include real-time job tracking, job status monitoring, job cancellation capabilities, and user account management tools including password reset and profile management. Users may interact directly with the platform to monitor processing status, review uploaded documents, and manage active jobs.
3.2. What We Don’t Do
COS does not:
- Review, edit, or evaluate the legal sufficiency of any User document
- Provide legal advice or act as a law firm
- Act as a process server, courier, or legal service provider
- Guarantee that courts, agencies, or recipients will accept, receive, or act upon mailed documents, or that mailing will satisfy any legal requirements or deadlines
- Guarantee accuracy of court-maintained ECF (“CM/ECF”) matrix data
- Review User-uploaded or referenced documents for sensitive, confidential, or personally identifiable information, including but not limited to Social Security number, bank account numbers, medical information, or other protected data. COS may review user-uploaded documents for quality control purposes to verify correct processing and printing.
3.3. Automated Data Retrieval
COS may provide automated retrieval of case data, mailing matrices, and metadata from PACER, CM/ECF, and other court electronic filing systems. You acknowledge and agree that:
- You are solely responsible for verifying the accuracy and completeness of all retrieved data
- COS makes no representations or warranties regarding the accuracy of court-maintained data
- You bear all liability for using automated data retrieval features
- Case number verification and data accuracy checks are your responsibility
- COS is not liable for errors, omissions, or inaccuracies in court-sourced data
3.4. API Access and Integrations
COS may offer application programming interface (API) access and integrations with third-party case management software, legal practice management systems, and other third party systems. API access, if provided:
- Is subject to separate API documentation and usage guidelines
- May be subject to additional fees or usage limits
- Requires compliance with technical specifications and security requirements
- May be modified, suspended, or discontinued at any time upon thirty (30) days’ prior written notice to User, except in cases of emergency, security concerns, or legal compliance requirements
- Does not create any obligation for COS to maintain specific API features or compatibility
4. USER ACCOUNT AND REGISTRATION
4.1. Account Creation
To use the Services, you must create an account and provide accurate, complete, and current information, including:
- Contact information (name, email, phone, address)
- Law firm or business information
- Payment information
4.2. Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring only authorized personnel access your account
4.3. Account Information Updates
You bear sole responsibility for updating your account information if it changes, including bank account information, email address, or business address. Failure to maintain current information, and a valid payment method, may result in service disruption, failed payments, or missed communications, for which you shall be solely responsible.
5. PAYMENT TERMS AND ACH AUTHORIZATION
5.1. Payment Methods and Customer Types
COS offers Services to various customer segments, including law firms, legal service providers, bankruptcy trustees, and other professional users. Payment terms, billing frequency, and available payment methods may vary by customer type, account configuration, and service agreement.
(a) Available Payment Methods. COS may offer one or more of the following payment methods, subject to eligibility and approval:
- ACH direct debit through third-party payment processors
- ACH debit pursuant to separate ACH Authorization Agreement
- Credit card or debit card processing
- Invoicing with net payment terms (for approved accounts)
- Other payment methods as made available
(b) Payment Terms by Account Type. Your payment terms, billing frequency, and available payment methods are determined by your customer type and account configuration:
- Pay-per-transaction accounts are billed at the end of the business day corresponding with completion of document preparation for orders values of less than $1,000
- Pay-per transaction accounts are billed per transaction completion upon completion of document preparation for order values of greater than or equal to $1,000
- Monthly billing accounts are invoiced on a monthly basis for all services rendered during the billing period
- Other billing arrangements may be available pursuant to a separate agreement
(c) Payment Method Requirements. Certain payment methods require additional documentation or agreements:
- ACH direct debit may require execution of a separate ACH Authorization Agreement
- Third-party payment processing (including credit card and ACH processing through payment processors) is subject to the payment processor’s terms of service and privacy policy
(d) Fees and Costs. You are responsible for all applicable fees associated with your selected payment method, including credit card convenience fees, ACH processing fees, and pass-through costs such as PACER access fees, court system data retrieval charges, and any other third-party costs incurred in connection with the Services. Your applicable payment terms, billing frequency, and available payment methods are displayed in your account dashboard and during the ordering process.
(e) Payment Method Changes. COS reserves the right to modify, add, or discontinue payment methods at any time. COS will provide reasonable notice of changes that affect your existing payment method, and you will have the opportunity to select an alternative payment method if your current method is discontinued.
(f) You may remit payment to COS by initiating ACH credit transactions from your own financial institutions (“ACH Credits”). No ACH authorization agreement is required for ACH Credits, as such transactions are authorized by you directly through your financial institution.
5.2. Payment Authorization
By submitting a mailing through the Services, you authorize COS to charge or invoice your designated payment method for all applicable fees, as appropriate for your selected payment method. If you have elected to pay via ACH direct debit:
- You authorize COS (or its designated payment processor) to initiate ACH debit entries to your designated bank account
- You acknowledge that the ACH originator may be COS, its payment processor, or its financial institution, as applicable under the payment method you have selected
- You agree that your payment instructions constitute valid authorizations under payment network rules
- You confirm you have authority to authorize debits from the designated account
5.3. Fees and Charges
You agree to pay all fees associated with your use of the Services, including:
- Per-page copying and reproduction fees
- Postage and mailing costs (at current rates)
- Rush processing fees (if applicable)
- Special jurisdiction fees (if applicable)
- Special mailing fees (if applicable)
- Matrix correction fees (if applicable)
- Any other fees disclosed at the time of service
5.4. Fee Schedule
Current fees and pricing are available through your account dashboard and are applied based on your customer type and service selections. Pricing may vary by:
- Customer segment and account type
- Service level selected (standard or rush processing)
- Volume and frequency of use
- Current and historical order values
- Mailing characteristics and requirements
You will be shown applicable pricing during the order submission process before final authorization. Copying and service rates are subject to change and will be billed at the rates in effect when your mailing is processed.
Certain customers may qualify for reduced minimums, volume discounts, or specialized pricing based on business relationship, account type, or service agreement.
5.5. Billing and Invoicing
- Invoices may be sent by email
- You are billed when COS completes preparation of your mailing for submission to USPS
- Payment is due immediately upon receipt of invoice
- Payment processing timing is determined by your selected payment method and applicable payment network rules
5.6. Accurate Bank Information
You are solely responsible for providing and maintaining accurate and complete bank account information. You must update your bank account information immediately if your account number, routing number, or financial institution changes.
5.7. Sufficient Funds and Payment Failures
You agree to maintain sufficient available funds or credit to cover all authorized debits. If any payment is returned, rejected, or fails due to insufficient funds, closed account, invalid payment information, or similar reasons:
- You will be charged a returned payment fee of $35.00 per occurrence, which represents COS’s reasonable estimate of administrative costs associated with processing returned payments
- You remain responsible for paying all outstanding amounts
- We may suspend your access to the Services until payment is received
- We may re-initiate the ACH debit up to two (2) times as permitted by NACHA Rules
5.8. Prohibition on Unauthorized Disputes
You agree not to dispute or reverse a properly authorized payment through your payment provider, including but not limited to ACH reversals, credit card chargebacks, or payment holds, except in cases of billing errors, unauthorized transactions, or other good faith disputes permitted under applicable law and payment network rules. If you initiate a chargeback, reversal, or dispute without a good faith basis, you shall reimburse COS for all resulting fees, penalties, and administrative costs, including reasonable attorneys' fees.
5.9. Collection Costs
In the event COS must engage in collection efforts due to your non-payment, you agree to reimburse COS for all reasonable costs of collection, including reasonable attorneys’ fees, court costs, and collection agency fees, to the extent permitted by applicable law.
5.10. Pass-Through Fees and Expenses
You agree to pay all applicable pass-through fees and expenses, including but not limited to:
- PACER access fees and court system access charges
- Credit card processing fees and payment convenience fees
- Third-party data retrieval costs
- Expedited service surcharges imposed by USPS or other carriers
- Any other costs incurred on your behalf in providing the Services
Pass-through fees will be clearly disclosed during the ordering process.
6. DOCUMENT SUBMISSION AND PROCESSING
6.1. User Responsibilities for Documents
You are fully responsible for:
- The content, formatting, and legal compliance of all submitted documents
- Ensuring documents comply with applicable court rules and filing requirements
- Verifying that documents are complete and accurate before submission
- Obtaining all necessary permissions to mail documents
6.2. Submission Method
Documents and mailing instructions must be uploaded exclusively through the COS web interface unless COS has expressly agreed in writing to accept an alternative submission method.
The platform may provide preview screens showing your uploaded documents and extracted metadata. You are responsible for:
- Reviewing all previews for accuracy before final submission
- Verifying case numbers, party names, and other extracted data
- Confirming document completeness and correct formatting
- Ensuring all automated data matches your intended mailing
Submission of a job constitutes your confirmation that all previewed information is accurate and complete.
6.3. PDF Requirements
PDF fillable forms and encrypted PDFs must be reprinted to a flattened, unencrypted PDF before upload. COS cannot guarantee preservation of embedded, or encrypted, form data.
6.4. Mailing Matrices
- User-supplied mailing matrices must comply with COS formatting guidelines
- Matrices may not be submitted as scanned PDFs
6.5. Job Management and Cancellation
You may monitor job status, track processing progress, and request cancellation of jobs through your account dashboard. Cancellation requests:
- Must be submitted before COS begins physical printing and preparation
- May not be possible for jobs already in production or submitted to USPS
- Do not guarantee COS refunds for jobs partially completed or already billed
- Are processed on a best-efforts basis depending on job status
COS will use commercially reasonable efforts to accommodate cancellation requests but makes no guarantees regarding cancellation availability, timing, or refunds for any fees already incurred.
7. PROCESSING TIMELINES AND EXPECTATIONS; NO GUARANTEED DELIVERY DATES
7.1. Cutoff Times
Standard job cutoff times are posted on the platform. Cutoff times may vary by time zone and are subject to change. Submissions received after the applicable cutoff time will ordinarily be processed for next-day mailing, subject to availability, days of operation and COS’s discretion.
7.2. Processing Standards
COS is committed to prompt, accurate processing and has historically processed the substantial majority of submissions received before cutoff times for same-day mailing. However, processing times may vary based on volume, technical issues, or other factors, and COS does not guarantee specific processing timeframes.
- COS generally processes documents in the order received, subject to operational requirements and COS’s discretion
- Submissions received before cutoff times may be prepared for same-day introduction into the USPS mailstream, but same-day processing is not guaranteed
- COS uses commercially reasonable efforts to process submissions during the normal hours of operation posted in the platform, but processing times are not guaranteed and may vary based on volume, technical issues, or other factors
7.3. Rush Processing
Rush processing may be available for jobs submitted after standard cutoff times, subject to availability and additional fees. Rush processing is billed at elevated per-page rates as described on the Services. Rush jobs may not qualify for postal automation discounts. Same-day mailing is not guaranteed even with rush processing. Rush processing availability, cutoff times, and eligibility requirements are posted on the Services and are subject to change.
7.4. No Processing Time Guarantees
COS does not warrant or guarantee specific processing times, including but not limited to the timeframes described in Section 7. Processing may be delayed due to volume, technical issues, User errors, or other factors beyond COS’s control. User acknowledges that all processing timeframes described herein are estimates only and not binding commitments.
8. USPS MAILING AND DELIVERY
8.1. USPS Relationship
COS introduces completed mailings into the USPS mailstream. All delivery is performed by USPS, not by COS. COS may offer additional mailing options, service levels, and carriers from time to time.
8.2. No Control Over USPS
COS has no control over USPS operations, policies, or service standards and is not responsible for:
- USPS delays, disruptions, or service failures
- USPS scanning errors or tracking inaccuracies
- Delivery failures or misdeliveries by USPS
- Mail returned due to incorrect addresses
- USPS rate changes or service modifications
8.3. Address Verification
All addresses are passed through USPS verification systems and may be updated for barcode purposes. The printed address provided by you will not be altered by COS. However, COS is not responsible for any errors in USPS verification systems or for delivery failures resulting from address information provided by User, even if such addresses pass USPS verification.
8.4. Postal Automation Discounts
- Optional postal automation discounts are available to eligible Users
- Requires completion and execution of a Postal Processing Acknowledgment Form (“PAF”)
- No discounts will be provided without a completed PAF on file
- Users who elect discounts authorize COS to utilize USPS MoveUpdate systems and comply with USPS automation rules
- Eligible mailings may receive a discount per mailpiece for first-class items under 3 ounces, subject to USPS rate changes and COS’s current discount structure
- Discounts not available for rush mailings, 9×12 envelopes, or certain envelope sizes
8.5. Returned Mail
COS is not responsible for returned mail resulting from outdated or inaccurate User-supplied address information. You are solely responsible for maintaining accurate address information and updating your mailing matrices when you receive returned mail or address corrections.User shall indemnify and hold COS harmless from any claims arising from use of inaccurate address information.
8.6 USPS Domestic Mail Manual and Costs
The United States Postal Service Rate and Service Guide, also known as the Domestic Mail Manual (“DMM”), provides the official standards for mail preparation, acceptance, and pricing compliance within the United States. The applicable provisions of the DMM then in effect shall govern your use of USPS services through our Services. COS may charge you for all costs it incurs in utilizing the USPS mailing services under the DMM in providing the Services.
9. COMPLIANCE OBLIGATIONS
9.1. Legal Compliance
You agree to comply with all applicable federal, state, and local laws, regulations, and court rules in connection with your use of the Services.
9.2. NACHA Compliance
You shall not submit payment information, instructions, or bank account data that would cause COS to violate NACHA Operating Rules. You represent and warrant that all payment-related information provided to COS is accurate, authorized, and compliant with applicable law. You shall indemnify COS against any claims, losses, or penalties arising from your breach of this representation and warranty.
9.3. Sanctions Compliance
You represent, warrant, and covenant that you shall not submit payments or instructions involving any person or entity subject to U.S. economic sanctions administered by the Office of Foreign Assets Control (OFAC) or any other applicable sanctions program. You shall indemnify COS against any claims, penalties, or losses arising from your breach of this provision.
9.4. Export Control
COS and the Services are based in the United States. You agree to comply with all U.S. export control laws and regulations. You represent and warrant that you are not located in a country subject to U.S. embargo and are not on any U.S. government list of prohibited or restricted parties. You shall indemnify COS against any claims, penalties, or losses arising from your breach of this provision.
9.5. Prohibited Uses
You may not use the Services for:
- Unlawful mailings (e.g., harassment, fraud, defamation)
- Mailings that violate court orders or protective orders
- Any purpose that violates applicable law or regulation
9.6. Data Verification Obligations
When using automated data retrieval features or uploading mailing data, you represent and warrant that you will verify all data before use and understand that you are solely responsible for the accuracy of case numbers, party information, and addresses used in your mailings. You shall indemnify, defend, and hold harmless COS, its officers, directors, employees, and agents against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of inaccurate or incomplete data, whether retrieved automatically or supplied manually.
10. INTELLECTUAL PROPERTY
10.1. COS Ownership
All website content, systems, software, text, graphics, logos, service marks, trademarks, and data (collectively, “COS Materials”) are the exclusive property of COS or its licensors and are protected by U.S. and international intellectual property laws.
10.2. Limited License
COS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for submitting and managing your mailing projects. No other rights are granted.
10.3. Restrictions
You may not:
- Copy, reproduce, distribute, or modify COS Materials
- Reverse engineer, decompile, or disassemble any software
- Create derivative works from COS Materials
- Remove or alter any copyright, trademark, or proprietary notices
- Use COS Materials without written permission
10.4. Mailing Systems
Mailing-related systems, including tracking, processing timestamps, and address-verification results, are proprietary COS tools. You may access such information solely to manage your own mailings. You may not reproduce, resell, publicly display, or use automated tools to extract COS data.
11. WEBSITE LINKS AND THIRD PARTIES
11.1. Third-Party Links
The website may contain links to third-party websites (“Linked Sites”). These are provided solely as a convenience and not as an endorsement. COS makes no representations regarding Linked Sites and is not responsible for their content, availability, or activities. Your use of Linked Sites is at your own risk and subject to their terms and policies.
11.2. Linking Restrictions
Linking to any page other than the COS homepage is prohibited without a separate written agreement. Any website linking to COS may not:
- Replicate COS content
- Use browser frames around COS content
- Imply COS endorsement
- Misrepresent the relationship with COS
- Present false information about COS services
- Use COS logos or marks without permission
12. ACCEPTABLE USE POLICY
You may not:
- Interfere with or disrupt COS systems or security features
- Introduce viruses, malware, or malicious code
- Use automated scraping tools or bots
- Misrepresent mailing information or identities
- Frame or replicate COS content
- Attempt unauthorized access to COS systems
- Disable security features
- Use the Services in a manner that burdens or disrupts operations
- Access restricted areas without authorization
- Violate any applicable laws in connection with the Services
13. PRIVACY AND DATA HANDLING
13.1. Privacy Policy
Our Privacy Policy describes our practices regarding collection, use, and disclosure of personal information. You acknowledge that you have reviewed and understand our Privacy Policy. The Privacy Policy may be updated from time to time, and continued use of the Services constitutes your acknowledgment of such updates.
13.2. Consent to Data Processing
You represent that you have obtained all legally required consents to submit personal data to COS. You understand that data may be processed and stored in the United States.
13.3. Payment Data Sharing
You authorize COS to transmit your payment data, including bank account information, to:
- COS’s financial institutions
- ACH operators and networks
- Third-party payment processors and other business partners
- Service providers assisting with billing, settlement, and fraud prevention
13.4. Data Retention
COS may retain payment authorization data for the period required under NACHA Rules and applicable law (minimum 2 years from termination of authorization).
14. DISCLAIMERS
14.1. “AS IS” BASIS
THE SERVICES, WEBSITE, AND ALL COS MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2. NO WARRANTIES
COS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- ACCURACY OR COMPLETENESS
- SECURITY OR ERROR-FREE OPERATION
- NON-INFRINGEMENT
- LEGAL SUFFICIENCY OR COMPLIANCE OF MAILINGS
14.3. No Guarantee of Access
COS does not guarantee uninterrupted or error-free access to the Services. We are not liable for delays or failures caused by:
- Internet or telecommunications outages
- System maintenance or upgrades
- Hosting provider issues
- Third-party service failures
- Force majeure events
14.4. Payment Processing
Payment processing may be subject to delays, holds, or other limitations imposed by financial institutions, payment processors, or applicable network rules. Additional terms governing ACH payments are set forth in the ACH Authorization Agreement.
14.5. User Error
COS is not liable for User errors, including:
- Duplicated submissions
- Incorrect account data
- Incorrect matrix uploads
- Formatting errors
- Incomplete submissions
COS may rely on information submitted by you as accurate and complete.
14.6. No Oral Modifications
No oral or written information provided by COS creates any warranty beyond those expressly stated in these Terms.
15. LIMITATION OF LIABILITY
15.1. LIABILITY CAP
TO THE FULLEST EXTENT PERMITTED BY WASHINGTON LAW, COS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE LESSER OF:
(A) THE FEES PAID FOR THE SPECIFIC MAILING PROJECT GIVING RISE TO THE CLAIM, OR
(B) FIVE HUNDRED DOLLARS ($500.00)
15.2. EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES SHALL COS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOST PROFITS OR REVENUE
- LOSS OF DATA OR BUSINESS INTERRUPTION
- DELAYS, HOLDS, OR RETURNS IN ACH PROCESSING
- COSTS OF SUBSTITUTE SERVICES
- DAMAGES ARISING FROM BANK REVIEW, SANCTIONS SCREENING, OR NACHA PROCEDURES
THESE LIMITATIONS APPLY EVEN IF COS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, ORDINARY NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EXCEPT AS PROVIDED IN SECTION 15.3.
15.3. Exception for Gross Negligence
The above limitations shall not apply to damages caused by COS’s gross negligence, willful misconduct, or breach of confidentiality obligations.
15.4. Basis of Bargain
You acknowledge that these limitations are a material part of the basis of the bargain between the parties and that the Services would not be provided at current pricing without such limitations.
16. INDEMNIFICATION
16.1. Your Indemnification Obligation
You shall indemnify, defend, and hold harmless COS, its affiliates, and their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to, and to the extent caused by:
- Your documents, instructions, or submitted content
- Your breach of these Terms or the ACH Authorization Agreement
- Your violation of any law, regulation, or third-party right
- Inaccurate or incomplete addresses or mailing matrices
- Your misuse of the Services
- Your negligence or willful misconduct
- Claims that your documents violate court rules or filing requirements
16.2. Indemnification Procedure
COS shall:
- Promptly notify you of any claim for which indemnification is sought
- Give you reasonable opportunity to defend with counsel of your choosing
- Cooperate with your defense efforts
You may not settle any claim without COS’s prior written consent, which shall not be unreasonably withheld, if the settlement imposes any obligation on COS or includes any admission of liability.
16.3. Survival
This indemnification obligation survives termination of these Terms.
17. FORCE MAJEURE
COS is not responsible for delays or failures caused by events beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, severe weather
- Pandemics, epidemics, public health emergencies
- War, terrorism, civil unrest, labor disputes
- Power failures, telecommunications outages
- Internet service disruptions
- Failures of USPS or third-party services
- Government actions, regulations, or orders
18. MODIFICATIONS TO TERMS
18.1. Right to Modify
COS may amend these Terms or modify the Services at any time, provided that such amendments do not materially increase User’s obligations or materially decrease COS’s obligations without User’s express written consent.
18.2. Notice of Changes
Material changes will be communicated at least fifteen (15) days in advance via email to the address associated with your account and by posting on our website or your account dashboard. Fee and pricing changes are governed exclusively by Section 18.4 and are not subject to this advance notice requirement.
18.3. Acceptance
Continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services.
18.4. Fee Changes
COS may change fees associated with the Service at any time by posting the changes to the Services, which shall constitute adequate notice. You are responsible for reviewing any such changes on the Services prior to using the Services.
19. TERM AND TERMINATION
19.1. Term
These Terms commence when you first access the Services and continue until terminated by either party.
19.2. Termination by You
You may terminate these Terms at any time by:
- Closing your account through your dashboard
- Providing written notice to COS
- Ceasing use of the Services
Termination does not relieve you of obligations to pay for Services already rendered or fees already incurred.
19.3. Termination by COS
COS may suspend or terminate your access to the Services immediately for cause, including:
- Non-payment of fees
- Breach of these Terms or the ACH Authorization Agreement
- Misuse of the Services
- Multiple returned ACH payments
- Suspected fraud or unauthorized activity
- Violation of laws or regulations
- If required by our financial institution, ACH network rules, or regulatory authorities
19.4. Effect of Termination
Upon termination:
- Your right to access and use the Services immediately ceases
- You must cease all use of COS Materials
- You must destroy any copies of COS Materials in your possession
- You remain obligated to pay all outstanding fees
- COS may preserve your data as required for legal compliance, billing, regulatory, or order history purposes, and shall return or destroy all other User data within thirty (30) days of termination upon User’s written request
- Unauthorized access after termination constitutes trespass
19.5. Survival
The following provisions survive termination: Fees and Payment, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.
20. DISPUTE RESOLUTION
20.1. Informal Resolution
Before filing any formal dispute, you agree to contact COS and attempt to resolve the dispute informally by providing written notice describing the dispute and the relief sought.
20.2. Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles, and applicable federal law.
20.3. Venue
All disputes must be brought exclusively in:
- The Superior Court of Franklin County, Washington, or
- The U.S. District Court for the Eastern District of Washington
You consent to personal jurisdiction in these courts.
20.4. Statute of Limitations
Any claim must be filed within two (2) years after the claimant discovers or reasonably should have discovered the facts giving rise to the claim, or be forever barred.
20.5. WAIVER OF JURY TRIAL
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EXCEPT FOR CLAIMS INVOLVING FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE.
20.6. Attorneys’ Fees
In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
20.7. No Class Actions
You may only resolve disputes with COS on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
21. MISCELLANEOUS PROVISIONS
21.1. Entire Agreement
These Terms, together with the ACH Authorization Agreement, Privacy Policy, and any service-specific agreements, constitute the entire agreement between the parties regarding the Services. No verbal modifications are valid or enforceable.
21.2. Relationship to ACH Agreement
The ACH Authorization Agreement governs payment processing and, in the event of conflict with these Terms regarding billing and settlement, the ACH Authorization Agreement controls.
21.3. No Waiver
No waiver of any provision is effective unless in writing and signed by COS. Failure to enforce any provision shall not constitute a waiver of future enforcement.
21.4. Severability
If any provision is held unenforceable, the court is requested to modify it to the minimum extent necessary to render it enforceable. The remaining provisions remain in full force and effect.
21.5. Assignment
- You may not assign or transfer these Terms without COS’s prior written consent
- COS may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets
- These Terms bind and benefit the parties and their respective permitted successors and assigns
21.6. Independent Contractors
COS acts solely as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.
21.7. No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties. No other person or entity has any rights under these Terms.
21.8. Headings
Section headings are for convenience only and do not affect interpretation.
21.9. Electronic Acceptance
You waive any requirement that these Terms be evidenced by a written document bearing original signatures. Electronic acceptance through the website constitutes valid and binding assent.
21.10. Counterparts
These Terms may be executed in counterparts, each of which is deemed an original but together constitute one agreement.
22. NOTICES
22.1. Notice to You
COS will send notices to the email address associated with your account. You agree to:
- Keep your email address current
- Check your email regularly
- Add COS email addresses to your safe sender list
Notices are deemed delivered 24 hours after email transmission.
22.2. Notice to COS
Notices to COS must be sent to:
BK Attorney Services, LLC dba Certificate of Service
Address: PO Box 4590, Pasco, WA 99302
Email: support@certificateofservice.com
Phone: (509) 348-2615
23. CONTACT AND CUSTOMER SERVICE
23.1. Customer Support
Users may contact the COS Help Desk with questions, support needs, or concerns. Contact information is available on our website and in your account dashboard. COS reserves the right to modify Help Desk hours, contact methods, and availability at any time without notice.
23.2. Service Commitment
COS is committed to providing high-quality document processing and mailing services. We will use commercially reasonable efforts to process mailings promptly, accurately, and in accordance with these Terms. We maintain rigorous operational standards and quality controls designed to ensure reliable, professional service. We strive to maintain customer service standards that meet or exceed industry expectations.
While these Terms contain necessary legal protections and disclaimers, they do not reflect any intention to provide substandard service. COS takes seriously its role in supporting the legal profession's document delivery needs and is committed to continuous improvement and responsiveness to customer concerns.
However, this commitment does not create any warranty, guarantee, or additional liability beyond what is expressly stated in these Terms.
23.3. Feedback Welcome
Users are encouraged to contact COS with any questions, concerns, or service issues. We value User feedback and will make reasonable efforts to address concerns and improve service quality. However, this provision does not waive any notice requirements, dispute resolution procedures, or limitation periods set forth elsewhere in these Terms.
24. TESTIMONIALS AND REVIEWS
24.1. License to Use
By submitting any testimonial, review, endorsement, or feedback to COS, you grant COS a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, publish, display, and distribute your submission, including your name, title, company name, and any other identifying information you provide on our website, social media, presentations, and marketing materials. You retain ownership of your original submission.
24.2. Accompanying Materials
You may provide a company logo, photograph, or image with your testimonial. By submitting such materials, you grant COS a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable license to display, use, reproduce, modify, and distribute them in connection with your testimonial and COS’s marketing materials. You represent and warrant that you own or have all necessary rights, licenses, and permissions to grant such license and that the use of such materials will not infringe any third-party intellectual property rights or violate any applicable laws.
24.3. Editing
COS may make standard formatting, grammar, and stylistic adjustments for clarity and may make reasonable edits for length, but will not materially alter the substance or meaning without your prior written or verbal approval.
24.4. Removal Requests
You may request an update or removal of your testimonial at any time. We will make commercially reasonable efforts to accommodate requests within thirty (30) days; provided, however, that the license granted in Section 24.1 shall survive any such removal, and COS shall have no obligation to remove testimonials from third-party websites, archived materials, or previously distributed marketing materials.
BY CREATING AN ACCOUNT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE REVIEWED AND UNDERSTAND THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU ELECT TO USE ACH PAYMENT OPTIONS, YOU WILL BE REQUIRED TO SEPARATELY ACCEPT THE ACH AUTHORIZATION AGREEMENT.
If you are accepting on behalf of a law firm, business, or other entity, you represent and warrant that: (a) you have full legal authority to bind that entity to these Terms; (b) you have reviewed these Terms and are authorized to accept them on behalf of the entity; and (c) the entity will be bound by these Terms and responsible for your use of the Services and any breaches of these Terms.
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