1. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE
Your use of the Site will constitute your binding acceptance of the Terms of Service, including any changes or modifications made by us. If at any time the Terms of Service are no longer acceptable to you, you should immediately cease all use of the Site.
2. ESTABLISHING AN ACCOUNT
To register and create a Customer account, you must provide us with your first and last name, primary email address, phone number and information regarding those states in which you may commence an eviction proceeding (“Contact Information”). A secondary email address, to which copies of notices and other communications from us will be sent, can also be provided, but is not required and will not be verified or otherwise confirmed. Following the creation of a Customer account on the Site, TurboEvict will send an email to the primary email address confirming registration; you must click on the link embedded in such email to verify that such email address is valid and operational. ALL COMMUNICATIONS BETWEEN US AND YOU ON THE SITE AND IN CONNECTION WITH THE SERVICE WILL BE CONDUCTED VIA EMAIL. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONFIGURE YOUR BROWSER TO PREVENT EMAILS FROM TURBOEVICT FROM BEING BLOCKED BY SPAM FILTERING SERVICES. TURBOEVICT RECOMMENDS THAT ALL EMAILS FROM THE CUSTOMER BE SENT THROUGH THE SERVICE, NOT FROM THE CUSTOMER’S PERSONAL OR OTHER EMAIL ADDRESS, AS TURBOEVICT MAY NOT RECEIVE EMAILS ORIGINATING OUTSIDE THE SITE AND/OR MAY NOT RESPOND TO THEM.
In creating a Customer account, you represent and warrant that you are of legal age to form a binding contract that cannot be voided and become subject to these Terms of Service. You further hereby acknowledge and agree that, in the event that the Service or use of the Service or access to the Site is prohibited or becomes prohibited in the jurisdiction in which you reside or are domiciled, your right to access is revoked, and you agree not to use or access the Site or Service in any way.
Turboevict reserves the right to refuse registration of a Customer account, at any time, in its sole discretion.
You are solely responsible and liable for activity that occurs in connection with your Customer account and for maintaining the confidentiality of your Turboevict password.
3. DESCRIPTION OF SERVICE
Turboevict provides a service that allows a Customer to automate an eviction proceeding in certain specified jurisdictions (each, a “Jurisdiction;” collectively, the “Jurisdictions”)). TURBOEVICT IS NOT A LAW FIRM BUT ACCESS TO LAWYERS SELECTED BY TURBOEVICT AND SPECIALIZING IN EVICTION PROCEEDINGS AND LICENSED TO PRACTICE LAW IN THE APPLICABLE JURISDICTION IS PROVIDED AS PART OF THE SERVICE. At no time, however, is an attorney-client relationship created between you and Turboevict, nor is any information provided by you to Turboevict through use of the Service protected by the attorney-client privilege. The Service includes court filings and appearances by counsel and counsel’s attendance at settlement conferences. Any other legal services required in connection with an eviction proceeding administered through the Site will be your responsibility and you, not Turboevict, will be required to engage a legal representative (who may be the lawyer provided to you by Turboevict as part of the Service) to undertake such activities and for paying all fees and costs arising out of such engagement. The Service also does not include eviction(s) arising in connection with a bankruptcy proceeding. In the event that a bankruptcy proceeding is commenced, Turboevict will suspend the Service and re-institute it only upon receipt from the Customer of documentation evidencing (to Turboevict’s satisfaction) (i) the dismissal or closure of the bankruptcy proceeding; or (ii) that the automatic stay in the bankruptcy proceeding no longer applies to the property that is the subject of the eviction proceeding for which the Service is being used.
Following creation of a Customer account, for each and every request to file an eviction, Customer will be prompted to provide certain information, such as address, landlord name, lease term, payment history, lease default date, and tenant name and contact information (“Eviction Data”). Following its input by a Customer, the Eviction Data will be reviewed by an attorney and, if the eviction proceeding is approved for filing, Turboevict will automatically generate, transmit, populate, file and/or docket legal notices and other documentation generated during the course of the eviction proceeding. If, after such legal review, the eviction proceeding is not approved for filing, Turboevict will so notify Customer. Notwithstanding anything set out elsewhere in these Terms of Service, Turboevict reserves the right to refuse to provide the Service in connection with an eviction proceeding at any time, for any reason. In the event that Turboevict refuses to proceed at any point, your agreement to these Terms of Service will be the authority necessary for Turboevict to cease providing the Service and for the third party attorney selected by Turboevict as part of the Service to actually withdraw from the eviction proceeding and/or to seek Court approval for the withdrawal, as needed. TURBOEVICT DOES NOT GUARANTEE THE TIME FOR COMPLETION, OR OUTCOME, OF ANY EVICTION PROCEEDING.
YOU MUST HAVE A PDF READER TO VIEW AND PRINT DOCUMENTS USING THE SERVICE.
4. RIGHTS AND OBLIGATIONS OF CUSTOMER
You are solely responsible for the content and accuracy of any and all Eviction Data. Without limiting the foregoing, in consideration of the use of the Site and the Service, you agree (a) that the Eviction Data, and all elements and components thereof, is, and will continue to be, true, accurate, current and complete and (b) to maintain and update the Eviction Data, and all elements and components thereof, to keep it true, accurate, current and complete. If any Eviction Data, or any element or component thereof, provided by you is, or becomes, untrue, inaccurate, out-of-date or incomplete, without limiting its other rights or remedies, Turboevict has the right to terminate your Customer account, discontinue providing the Service to you, and refuse any and all current or future use by you of the Site, and you agree that any such action taken by Turboevict will not entitle you to any financial recourse against Turboevict. The use of your Customer account, the Service or the Site for any illegal purpose or activity under the laws of the Jurisdiction and the United States is a violation of these Terms of Service and shall also be grounds for Turboevict to take any or all of the foregoing actions.
You agree that, in the event that the services of law enforcement personnel are required as part of the Service, you will be solely responsible for payment of any fees associated with such services. Such fees may include fees charged by law enforcement personnel for a second appearance if you do not appear at lockout. If Turboevict does pay any such fees on your behalf (which it will have no obligation to do), you will promptly reimburse Turboevict for all such amounts. In connection with such reimbursement, you will be required to provide Turboevict with your credit card information, as Turboevict does not store such information. You further agree and acknowledge that you will be solely responsible for any and all consequences arising out of a failure to pay any such fees, including, without limitation, the dismissal of an eviction proceeding.
You further agree that, after issuance of a Warrant of Removal in an eviction proceeding, as between you and Turboevict, it is your responsibility to contact the applicable law enforcement personnel to schedule the lockout and Turboevict will have no liability in the event you fail to do so. In the event that a Warrant of Removal is issued, and such warrant expires because of your failure to exercise it within thirty (30) days of the date of issuance, Turboevict will regard the eviction proceeding in connection with which such warrant was issued as “complete” and will have no further obligation to you in connection with such proceeding. In the event that you fail to exercise any Warrant of Removal and/or if you direct Turboevict not to take any further action in connection with a Warrant of Removal, and such warrant expires, you acknowledge that your eviction proceeding will need to be re-commenced. If you elect to re-commence the eviction proceeding using the Site, you will be required to pay the Fixed Fee set forth in Section 7 in connection with such re-commenced proceeding.
For avoidance of doubt, and without limiting anything set out above, Turboevict will be deemed to have fully satisfied its obligation to provide the Service upon completion of an eviction proceeding. An eviction proceeding will be considered “complete” upon the occurrence of any of the following:
(1) A Customer has notified Turboevict that an eviction proceeding should be cancelled; OR
(2) Turboevict has confirmed that a Warrant of Removal has been issued in connection with an eviction proceeding and the tenant has not instituted any further legal proceedings (e.g., an Order to Show Cause); OR
(3) A Judgment for Possession or Warrant of Removal has expired and no further action is legally permissible; OR
(4) In case of a Stipulation, thirty (30) days after the final required payment has expired without a Warrant of Removal being requested by the Customer.
In the event that a Judgment for Possession is issued in an eviction proceeding, the Service will automatically proceed to issuance of a Warrant of Removal absent notification from the Customer that the judgment should be allowed to expire.
In no event will a Customer have the right to increase the amount stated on a complaint (apart from the inclusion of additional rent payments that become due and owing during the pendency of the eviction proceeding). Except as provided expressly herein, you may not assign or delegate any rights or obligations under these Terms of Service. Any purported assignment or delegation shall be ineffective.
You agree to protect your Customer account and the security of the Site by guarding your password. If you have reason to believe that your Customer account or password has been compromised or if there has been any unauthorized use of your Customer account, you agree to contact us immediately at Customer Support at the telephone number set out on the Site.
You acknowledge that calls to Customer Support may be recorded and that Turboevict has the right to rely on any information provided by you orally or in writing and shall have no liability for any such reliance.
If any documents are required under the law of the applicable Jurisdiction to allow Turboevict to provide the Service to you (including, without limitation, a power-of-attorney and certification documents), you agree to execute any and all such documents. If you do not execute any such documents, you hereby authorize Turboevict to execute them on your behalf.
5. RIGHTS AND OBLIGATIONS OF TURBOEVICT
Turboevict takes reasonable precautions to protect your information (including, without limitation, Eviction Data) from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that your information will be absolutely safe from intrusion by others, such as hackers. Any unauthorized access to or use of the Site or information collected and maintained by the Site should be immediately brought to the attention of Turboevict by contacting us at Customer Support at the telephone number set out on the Site. We will investigate and if necessary, take action to prevent or halt any such unauthorized access or use.
If we determine, in our sole discretion, that information posted by you to the Site (including, without limitation, Eviction Data) poses a threat to the proper technical operation or the security of the Site, we reserve the right to delete that information immediately, without notice or liability to you.
We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Turboevict Content (as defined below), without prior notice or liability.
6. PROPRIETARY RIGHTS
You acknowledge that the Site contains information, text, software, forms, graphics, links and other material (collectively, the "Turboevict Content") that is protected by copyright, trademark or other proprietary rights of us or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any Turboevict Content, or any other content accessed through the Site.
You may download or copy any Turboevict Content owned by us, provided that you maintain all copyright and other notices contained thereon. If you have any question as to whether we own certain content contained on the Site, do not download or copy it without first contacting us (e.g., Turboevict Content that appears to have been uploaded by a third party should not be copied or downloaded by you). Except as expressly set out in these Terms of Service, you may not (i) copy, download, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Turboevict Content, in whole or in part, without our prior written consent; (ii) disassemble, reverse engineer or decompile the Site or any portion thereof; (iii) use any "deep-link," "page-scrape," "robot," "spider," "offline readers," or any equivalent manual process, to access or monitor any portion of the Site; (iv) collect any personally identifiable information, including user names or passwords, from the Site; (v) take any actions that may circumvent, disable or damage the Site's security; (vi) disparage the Site or Turboevict; or (vii) use the Turboevict Content or the Site in any manner that we may, in our sole and exclusive discretion, deem inappropriate.
Any rights not expressly granted herein are reserved by us.
Except as expressly set out in these Terms of Service or elsewhere on the Site, upon commencement of Customer’s use of the Service, Customer shall be required to pay a one-time, non-refundable fixed fee per eviction proceeding commenced using the Service (the “Fixed Fee”). The Fixed Fee includes all services and fees stated herein. In the event that a Customer decides to cancel an eviction proceeding within the first five (5) days (i.e., 120 hours) of submission, for any reason, Turboevict will provide a refund equal to eighty percent (80%) of the Fixed Fee. In the event that Turboevict refuses to provide the Service, Turboevict will provide a full refund of the Fixed Fee.
8. THIRD PARTY SITES
The Site may contain links to sites that are unrelated to us and are owned and operated by third parties (the "third-party sites"). Turboevict does not make any representations or warranties about any third-party sites you may access through the Site. These links are provided solely as a convenience to you and do not constitute an endorsement by us, or imply that we sponsor, are affiliated or associated with or otherwise recommend, certify or endorse the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other site.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms of Service, we may, in our sole discretion, declare you to be in breach of these Terms of Service, suspend or terminate your use of the Site and the Service, and/or seek prosecution to the fullest extent of the law.
These Terms of Service and your right to use the Site and the Service will terminate immediately without notice from us, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, if you are an infringer of any third party's rights, if you engage in conduct that is illegal, tortuous or that interferes with the technological operation of this Site or for any other reason.
11. DISCLAIMER OF WARRANTIES
Your use of the Site is at your own risk. If you are dissatisfied with the Site or any Turboevict Content, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site. TURBOEVICT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES TURBOEVICT WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE TURBOEVICT CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE TURBOEVICT CONTENT ARE PROVIDED TO YOU "AS IS". NONE OF TURBOEVICT, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY TURBOEVICT CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU.
You specifically acknowledge and agree that Turboevict and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Turboevict Content made available through the use of the Site, will be free of viruses or destructive materials and we shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, or use of the Site or the server that makes it available, or your downloading of any Turboevict Content from the Site.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TURBOEVICT AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS RELATING TO THE SERVICE AND/OR THESE TERMS OF SERVICE WILL BE A CLAIM FOR MONEY DAMAGES NOT TO EXCEED THE AMOUNT OF THE FIXED FEE PAID BY CLIENT. AGAINST TURBOEVICT THE EXTENT OF ANY THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER TURBOEVICT, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
You agree to indemnify, defend and hold harmless, Turboevict, its affiliates, subsidiaries, and its and their respective members, officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any Eviction Data and/or other information or materials you submit, transmit or otherwise make available through the Site; (ii) your use of the Site, or (iii) your breach or alleged breach of these Terms of Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.
The Terms of Service shall be construed in accordance with the internal laws of the State of New Jersey without regard to its conflict of laws, and the parties irrevocably consent to bring any action to enforce the Terms of Service in the federal or state courts located in New Jersey. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition, or a sale of all or substantially all of our assets. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of these Terms of Service. Further, the waiver by either party of a particular breach of these Terms of Service by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms of Service. These Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and have no legal or contractual effect. The Terms of Service constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except as provided herein.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF SERVICE, PLEASE EXIT THE SITE.
Last Updated: October 19, 2012