(Last updated: September 10, 2021)
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.WebPST.com website (the "Service") operated by DreamBuilt Software, Inc. (DreamBuilt, "us", "we", or "our") to use our Process Server’s Toolbox (PST) and related Services, including our Web Services Pack (WSP), Universal Trading Platform (UTP) and any other services offered by DreamBuilt that integrate with or connect to PST (PST, "Services").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of these terms, then you do not have permission to access the Services.
DreamBuilt provides end users of PST with various case management options to assist in process service through the facilitation of information. PST offers features including, without limitation, company directories, tools to create affidavits, mobile site & GPS data, client invoicing and accounting. You understand and agree that PST is being provided on the basis you initially elect and, after any trial that may be available, requires payment from you in order to access PST (as more fully set forth in Section 6 below). Unless explicitly stated otherwise, any new features that change or enhance the current Services, including the release of new features, shall be subject to this Agreement. You understand and agree that PST and the Services are provided "AS-IS" (as more fully set forth in Section 4 below) and that DreamBuilt assumes no responsibility for the timeliness, deletion, erroneous data or failure to store any user communications or personalization settings or data.
You are responsible for obtaining access and utilizing PST and that access and utilization may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access PST and any of the Services, unless otherwise explicitly stated by DreamBuilt.
If you wish to terminate your account, you may simply cancel the Services before the next billing cycle.
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.
You acknowledge and agree that PST contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that DreamBuilt or its suppliers own the title, copyright, and other intellectual property rights in PST and the Services and that PST is licensed, not sold. All right, title and interest in and to PST, the Services, or any other DreamBuilt technology, materials, systems, software (including, without limitation, any source or object code), applications, platforms, services (and the results thereof), data, features, goods, utilities, specifications, techniques and any and all other tangible or intangible materials, without limitation, all patents, copyrights, trademarks, trade secret, common law right, title, or slogan or other proprietary or intellectual property rights related will remain the exclusive property of DreamBuilt and/or its affiliates.
DreamBuilt grants you a personal, non-transferable and non-exclusive right and license to use PST provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in PST. You agree not to modify PST in any manner or form, or to use modified versions of PST, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access PST or the Services by any means other than through the interface that is provided by DreamBuilt for use in accessing PST.
Except as explicitly noted herein, and without explicit written approval, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents contained in PST or any related software.
DreamBuilt reserves all rights to PST and the Services not expressly granted to you in this Agreement. DreamBuilt may terminate your ability to utilize PST at any time and for any reason at its’ sole discretion. DreamBuilt may upgrade, enhance and further develop PST, or any other Services provided by DreamBuilt.
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
By posting Content on or through the Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. DreamBuilt reserves the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. DreamBuilt takes no responsibility and assumes no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services you grant DreamBuilt the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services.
In addition, Content found on or through DreamBuilt Services are the property of DreamBuilt or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from DreamBuilt.
The non-exclusive, revocable, personal, non-transferable license to utilize PST is contingent upon payment in full of your invoice based upon the desired level of Services you choose. Pricing for PST may be found at https://www.dbsinfo.com/Products.
PST is made available on a pay-as-you-go basis. You may be eligible to try PST risk free as described on the website (the "Trial Period"). The Trial Period may be extended in DreamBuilt’s sole and absolute discretion. Monthly rates are determined by your number of jobs per month. By electing a paid plan, you acknowledge and agree that you will be charged the applicable rate on a monthly basis and will continue to be billed every month thereafter at the applicable rate for each month until you cancel the Services by contacting customer service.
There are no annual contracts required by DreamBuilt. Your usage of PST is on a monthly basis and is deemed to be recurring until such time as you notify DreamBuilt in writing of your desire to cancel the Services. This means that you owe DreamBuilt the applicable monthly charge(s) as set forth above regardless of whether or not you continued to utilize the Services.
In the event your number of monthly jobs decreases such that your needs require a different plan, or if you wish to cancel, you must contact customer service to request the change. Acceptable methods of notification may be found on the "Contact" page of our website located at https://www.dbsinfo.com/ContactUs.
You understand and agree that there will be no refunds or credits for partial months of Services, downgrade refunds or refunds for months unused with an open account. Fees for all Services, including but not limited to monthly fees, are subject to change upon notice. Such notice may be provided by an email message or in the form of an announcement on the DreamBuilt website – www.dbsinfo.com.
In the instance where multiple customers have traded one unique job, that job will count towards job totals on each customer’s total monthly job count.
Special pricing may be available for clients with an exceptionally high volume of jobs. Please contact us at firstname.lastname@example.org to discuss.
These Terms shall be governed and construed in accordance with the laws of Florida, 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 the Service.
DREAMBUILT OFFERS PST AND THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF PST AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
DreamBuilt does not provide any type of service to any of your computer hardware or software. DreamBuilt has no obligation to provide technical support. However, we may provide technical support at our sole and complete discretion which is presently available from Monday – to Friday during the hours of 8am until 7pm Eastern Time. You understand and agree that DreamBuilt is not liable for any mistakes, errors, omissions and or loss of revenue caused by any misinterpretation, inaccurate or erroneous technical support provided to you in regards to usage of PST or the Services.
In consideration of your use of PST and the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. You covenant and agree to (i) provide legitimate, true, accurate, current and complete information about yourself and your company as prompted by PST registration form and (ii) maintain and promptly update the registration data to keep it legitimate, true, accurate, current and complete.
PST is intended for your business use and may not be reproduced, altered, sold, leased or in any way shape or form transferred to a third party. You will not use PST in any way that is unlawful, or harms DreamBuilt, its resellers, affiliates, service providers, distributors, and/or suppliers (each, a "DreamBuilt Party" and collectively, the "DreamBuilt Parties") or any customer of a DreamBuilt Party, as determined by the sole discretion and complete discretion of DreamBuilt. You may not use PST in any way that breaches any code of conduct, policy or other notice applicable to DreamBuilt. Without limiting the generality of this Section 11, you may not use PST in any manner that could damage, disable, overburden, or impair any, or interfere with any other party's use and enjoyment of PST, any of its affiliate website(s) or PST.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of PST. Permission is granted to print mapping directions, affidavits, invoices, field sheets, accounting forms and e-mails in regards to you or your company business provided you do not modify the default materials and that you retain all copyright and other proprietary notices contained in the materials. You may, however, customize an affidavit, invoice or any form available for customization in PST.
To the extent that PST contains links to services and resources, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Information contained on or made available through PST is not intended to, and does not, constitute legal advice and no attorney-client relationship shall be created as a result of your use.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to DreamBuilt, whether on or via PST, or otherwise disclosed, submitted or offered in connection with your use of PST (collectively, "Comments"), shall be and remain the property of DreamBuilt. Such disclosure, submission or offer of any Comments shall constitute an assignment to DreamBuilt of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DreamBuilt will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. DreamBuilt is and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay to user any compensation for any Comments; or (iii) to respond to any user Comments.
You agree that no Comments submitted by you to DreamBuilt or PST will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to DreamBuilt or PST will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that DreamBuilt may use and/or disclose information about your demographics and use of PST in any manner that does not reveal your identity.
PST may contain links to third party websites, services, and content that are not owned or controlled by DreamBuilt.
You understand that all information, data, text, software, graphics, messages or other materials (collectively "Data") is the sole responsibility of the person from whom such Data originated. You understand and agree that DreamBuilt is not responsible for any sensitive Data that you share with others in any upload, post, transmission or other format whatsoever via PST.
In the event of cancellation, you acknowledge and agree that DreamBuilt may retain all Data transmitted or uploaded through PST. However, you may request release or deletion of the Data, in some circumstances. To the extent you have shared Data with another party using PST, such Data cannot be deleted by DreamBuilt. In addition, Data cannot be deleted by DreamBuilt when a third party process server ("Third Party Server") is used. You understand and agree that job requests transmitted through PST may be forwarded to a Third Party Server for processing. The Third Party Server may add notes, data, service attempts or other job related information to the job request. In such case, the information in the job request belongs to both DreamBuilt and the Third Party Server and, consequently, the job request, including your Data, cannot be deleted by DreamBuilt. In situations where Data can be deleted by DreamBuilt and you request deletion of your Data, you understand and agree that the Data will be deleted in a reasonable amount of time and once deleted it cannot be recovered.
If you request release of the Data, the Data may be transmitted digitally. DreamBuilt makes no guarantees as to the formatting of the delivered Data. DreamBuilt reserves the right to charge a reasonable fee for transmission and delivery of the Data.
You understand and agree that a request for deletion or release of the Data must be made at the time of cancellation of Services. You are responsible for properly canceling Services and may do so with thirty days prior notice made to customer service. If you cancel Services before the end of the current paid up month, your cancellation will take effect immediately, no refund will be given and you will not be charged again.
You agree to defend, indemnify and hold harmless DreamBuilt and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of PST and related Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information DreamBuilt may send. However, you may opt out of receiving any, or all, of these communications from DreamBuilt by following the unsubscribe link or instructions provided in any email DreamBuilt sends.
If you have any questions about these Terms, please contact us at either email@example.com, 1-800-842-4778, or using our Contact Us form at https://www.dbsinfo.com/ContactUs.