The parties both hereby waive their right to traditional process-server delivered complaints and summons

The parties both hereby waive their right to traditional process-server delivered complaints and summons

Service – In order to relieve themselves of the cost, hassle, and inconvenience of traditional service of process, the parties hereby stipulate that either party may serve the other with a complaint and summons by mail, Fed-ex, UPS, or by email. With respect to e-mail service: both parties agree that email shall be sufficient service of process if the e-mail is sent to the e-mail address on record provided by You when initiating Your membership. Personal, physical, or mail service is not required. This stipulation to receive e-mail service extends to any disputes between the parties, whether they are relevant to this Agreement or not.

In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.

For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $5, per occurrence. Continue reading “The parties both hereby waive their right to traditional process-server delivered complaints and summons”