TERMS OF SERVICE
1. By registering for or using the Quality Appearances website, and by using our services, you agree to be bound by these Terms of Agreement, hereinafter "Agreement," and our Privacy Policy and Fee Schedule, while using this website and for each and every appearance request submitted. As used in this Agreement, "we," "us," and "our" means Vahe K. Messerlian dba Quality Appearances, and "you" and "your" means the applicant (if registering as an individual), the entity or person employing the applicant, and any employees, associates or agents of the entity or person employing the applicant.
2. We provide coverage of court appearances and other legal proceedings in the State of California to attorneys. This service is intended only for attorneys in good standing and in active status with the State Bar of California, and for attorneys of record on the requested appearance. No service shall be provided to non-attorneys, inactive status attorneys, suspended or disbarred attorneys, or to counsel that have yet to substitute in as counsel of record. By accepting this Agreement, you represent that you or the entity or person on whose behalf you are registering or requesting an appearance fulfills these requirements. If you are registering for or using this website and our services on behalf of another person or legal entity, by accepting this Agreement, you represent that you are authorized to sign for and bind the person or legal entity for whom you are acting. This Agreement is an ongoing contract and its terms are subject to change. It is your obligation to read the terms posted on the Quality Appearance website each time you use this website.
3. In providing services under this Agreement, we are independent contractors, and nothing in this agreement shall create any partnership, joint venture or employment relationship between us.
4. In order to register or use the Quality Appearances website, you are required to place and maintain on file with us a valid credit card. The paying account must be in the name of the firm, attorney or administrator of the firm. You authorize us to charge your credit card in an amount consistent with our Fee Schedule and this Agreement, which are subject to change. It is your obligation to review our fees posted on the Quality Appearances website prior to submitting an appearance request. If your credit card payment is not honored, you will provide full payment in certified funds within 14 days of the appearance. If payment in certified funds is not received within 14 days, you agree to pay us the quantum meruit value of our services in the amount of $500 per court appearance, and $1000 per hourly appearance. You acknowledge that such fee is not deemed a penalty or interest, but rather the actual value of the services rendered.
5. Our fees are shown on our Fee Schedule. All charges shall be made to the credit card on file. All fees identified in our Fee Schedule, including our regular fees, short notice fees, cancelation fees, adjustments for extra court time, document review or document handling may be charged to your credit card without further authorization.
6. When you request our services, you will provide us with complete, accurate and clear information and instructions. It is your obligation to provide us with adequate information for a competent appearance. We shall have no obligation to request or obtain same from you. All information to be considered for appearances shall be in writing. Information provided orally or telephonically will not be considered. We shall have no obligation to appear on the requested matter unless and until we have communicated our acceptance of the appearance request. We may, at our discretion, decline any appearance request. Further, we may close your account and refuse to conduct business with you at any time without notice, provided there are no pending accepted appearances. Such action on our part shall not extinguish your payment obligation for completed appearances. Our duties under this agreement terminate when we have appeared on your matter and have transmitted results to you. We will have no further obligation to you or your client beyond the scope of the requested appearance.
7. We will not be liable for any unfavorable results caused by your negligence, fraud malfeasance or other conduct of any attorney not associated with us. You will hold us harmless, defend us, and indemnify us in any litigation and for any damages arising from any unfavorable results of the appearance, and in any malicious prosecution action arising from the subject case. You will use counsel reasonably satisfactory to us to defend each indemnified claim. If at any time we reasonably determine that an indemnified claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter any settlement affecting our rights without our prior written consent. In no event shall either party in this Agreement be liable for any consequential, incidental indirect, special, punitive or exemplary damages as a result of a claim arising under this Agreement.
8. All content on the Quality Appearances website is the property of Vahe K. Messerlian dba Quality Appearances.
9. In any dispute under this agreement, the venue for such litigation shall be the Northwest District (Van Nuys) of the Los Angeles Superior Court.
10. These terms constitute the entire agreement between the parties herein. All prior agreements and representations are hereby terminated in their entirety and have no further force or effect. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.