Terms & Conditions
Please review our terms & conditions carefully before using our services.
Terms & Conditions
Effective Date: July 1, 2024
BY SUBMITTING A REQUEST WITH BLACK PINE SERVICES A CALIFORNIA LIMITED LIABILITY COMPANY YOU (THE “CUSTOMER”) HEREBY CONFIRM AND ACKNOWLEDGE THAT YOU READ UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
Fees & Billing
OUR TERMS OF BUSINESS are NET TEN (10) business days unless prior arrangements have been made. The ten (10) business days begin from the date Black Pine Services returns the emailed results and invoice to your office. There will be a 10 (10) businessdays grace period. Invoices not paid within the ten (10) business days grace period are subject to a twenty-five dollar ($25) late fee. Every subsequent thirty (30) days will result in an additional twenty-five-dollar ($25) late fee. Invoices not paid within sixty (60) days will result in collections actions and the pursuit of legal remedies.
FEES QUOTED on the Request Form and Fee Schedule are “per policy researched” and will apply where a policy or a Self-Insurer fails to provide coverage for any reason (i.e. policy exclusions). A definitive confirmation that there is NO POLICY IN PLACE or there is NO COVERAGE ON THE DATE OF LOSS is considered a successful search. ONLY AN INCONCLUSIVE RESULT OR A NO-HIT will result in ‘No-Fee.’
EXCEPTIONS TO THE FEE SCHEDULE may apply in cases involving lengthy research due to the age of the case. In these situations we will outline any additional charges that will apply and seek your approval in writing before we commence the work.
Process
SEARCHES ARE PERFORMED under Defendant’s name(s) only. Policies found may or may not cover the target vehicle or property owned/operated by the Defendant. The client will be invoiced in accordance with the Fee Schedule.
TURNAROUND time for our research is approximately 5-7 business days. However we do offer several expedited services. All results will be emailed to the client immediately upon completion of our research with an applicable invoice.
Disclaimer
Black Pine Services LLC uses reasonable care to obtain accurate and up-to-date information from sources considered reliable. It is believed that all information provided is accurate however Black Pine Services makes no warranty or guarantee either expressed or implied that the information provided herein is correct since the information has been obtained from supplementary sources. You should not make a decision to proceed based solely upon the information provided herein but should also use reasonable care and utilize other sources of information that is available to you in order to make your decision as to how to proceed. All services are provided on an as-is and as-available basis. Therefore Black Pine Services and its partners employees agents affiliates and contractors make no representations undertake no duties and assume no responsibility for the accuracy or completeness of forms reports or other information provided to Customer nor any errors or omissions contained therein. Black Pine Services disclaims all warranties and duties of any kind whether implied express or statutory including but not limited to any implied warranties of merchantability or fitness for a specific purpose duties of workman-like effort or negligence. Black Pine services reports and provided information shall be used at Customer’s own risk. The customer is responsible for implementing sufficient procedures to satisfy Customer’s requirements for accuracy and completeness of information prior to acting in reliance on such information. Customer’s sole remedy for any claim related to this contract against Black Pine Services (or any of its partners employees agents or contractors) shall be a refund of the amount paid for the particular service that caused Customer any damages even if such damages resulted from reasonable reliance on information Black Pine Services provided to Customer. The customer also agrees that the damage exclusions and this limitation of liability shall apply despite any failure of an applicable remedy essential purpose.
No Incidental or Consequential Damages
CUSTOMER AGREES to the fullest extent allowed by applicable law that Black Pine Services nor any of its partners, affiliates, agents, employees, or contractors will be liable to Customer and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including but not limited to damages resulting from reliance, goodwill, malpractice, or profits, whether or not Black Pine Services has been advised of the possibility or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of Black Pine Services’ information and services.
Indemnification
CUSTOMER AGREES to indemnify and hold Black Pine Services harmless from and against all claims (including legal and attorneys’ fees) arising out of or relating to (a) Customer’s breach of any terms of this agreement, (b) Customer’s improper use of Black Pine Services to violate the laws and regulations of any relevant jurisdiction, and (c) claims resulting from Customer’s inaccurate information as well as any action taken from results based on such information.
Governing Law
THIS AGREEMENT shall be governed by the laws of the State of California without regard to its conflict of law provisions. Should a dispute arise, Customer and Black Pine Services agree to submit to the personal and exclusive jurisdiction of the courts located within California.
Affirmations and Declarations
CUSTOMER AGREES to utilize Black Pine Services only for lawful purposes in all applicable jurisdictions. Customer agrees that to the best of Customer’s ability, Customer will (a) request all information required at the time the initial request is submitted and (b) provide accurate, current, and complete information about the individual(s) or companies to be searched. The customer acknowledges that if any information provided to Black Pine Services is inaccurate at any point in time or is otherwise incomplete or not up to date, the Customer agrees that Black Pine Services will not in any way be held responsible for inaccurate reports or information given to Customer or Customer’s associated reliance or damages related to such information. Further, Customer acknowledges that information provided by Black Pine Services is collected from third-party research agency data and thus may be inaccurate, out of date, contain errors or omissions, or otherwise be incorrect.