(Last Updated: March 16, 2021)
This is a legal agreement ("Agreement") between you and The Court Buddy Company, Inc., a Delaware corporation, dba LawChamps ("LawChamps") with a principal place of business at 584 Castro Street #101, San Francisco California 94114. By accessing the LawChamps website currently located at www.lawchamps.com online, or utilizing the mobile site, (collectively, the "Site"), using any of the Services (as defined below), information, software, or products accessible through the Site, and by checking the box indicating your consent, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. You also authorize LawChamps to charge any credit card(s) that you freely and voluntarily enter on the Site for the Services and membership level that you select. The payment authorization is for the amount indicated in your membership plan and for any additional Services that you select to purchase, only. You further certify that you are the authorized user of the credit card(s) that you freely and voluntarily enter on www.lawchamps.com and that you will not dispute the payment with your credit card company or bank, so long as the payment corresponds with the terms indicated in this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR CONSENT OR USE THE SITE OR THE SERVICES. Your use of, or participation in, the Site and certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The LawChamps Services consist of the following, without limitation: a wholly automated, double-blind matching service for people in the general public who need an attorney and wish to solicit an attorney for legal services, and for attorneys who wish to be matched to people in the general public who need the legal services they offer ("Matching Services"), and any premium or exclusive scheduling, calendaring, appointment alerts, business development and conversion, case management, brand building and/or reputation management services that may be offered to its attorney members by or on behalf of LawChamps ("Premium Services") (collectively, the "Services"). You are entering this Agreement in your capacity as an attorney who wishes to be matched to people in the general public seeking an attorney and/or who wish to purchase Premium Services. LawChamps may offer you additional Services or revise any of the Services, at its discretion, and this Agreement will apply to all additional Services you consent to or revised Services offered by LawChamps. LawChamps also reserves the right to cease offering any of the Services at any time without prior notice.
Please review this Agreement carefully, including the Arbitration provision in Section 15, which describes how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement. This Agreement is subject to change by LawChamps in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions, so please refer back to this Agreement reasonably frequently. Please consult the beginning of this Agreement to determine when the Agreement was last revised.
a. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Services and consenting to this Agreement, you represent and warrant that you are at least 18 years old.
b. License in Good Standing/Insurance. By requesting to use, registering to use, and/or using the Site and Services, you have affirmatively represented and warranted that you are an attorney, and a member in good standing with your state bar, without a record of prior disciplinary history or criminal record. You also affirmatively represent and warrant that you maintain malpractice insurance and/or proof of financial responsibility as required by your state bar and/or governing jurisdiction, and that you will produce evidence of it to LawChamps upon request. LawChamps reserves the right to confirm that you are a member in good standing with your state bar, as well as your lack of disciplinary history and/or criminal record, at any time using available public records, to assess your application for a LawChamps attorney membership (a “Soft Background Check”). WHEN CONSENTING TO THIS AGREEMENT, YOU ARE ALSO AUTHORIZING LAWCHAMPS TO CONDUCT A “SOFT” BACKGROUND CHECK and to accept or decline your application in its sole discretion. Your use of the Site and the Services is contingent upon your providing these representations and consent, maintaining your membership in good standing with your state bar, and maintaining malpractice insurance and/or proof of financial responsibility. If your status should change, or if a state bar investigation is opened or if criminal charges are filed against you, or your malpractice insurance and/or proof of financial responsibility should lapse, you agree to notify LawChamps immediately, and in no event more than one week after the change, in writing via email at email@example.com.
c. Qualifications. You represent and warrant that you will only use the LawChamps Site and Services to offer legal services to potential clients within those areas of law for which your experience and training qualifies you to practice, in those states where you are licensed to practice and/or where you are capable of practicing.
d. Responsiveness. By requesting to use, registering to use, and/or using the Site and Services, you commit and agree to respond to potential client opportunities in a timely fashion. It is generally expected that inquiries will be responded to within one business day of being made. You understand and agree that other matched attorneys may have contacted the potential client before you, and moreover, that the opportunity may expire if you do not respond reasonably promptly. Reviewing a potential client’s intake form and responding that you are available for a consultation does not commit you to accepting the client or create an attorney-client relationship. It is up to you to consult with the client, accept or reject the representation, and arrange to provide legal services if appropriate. You also commit and agree to responding to LawChamps’ inquiries about your account during the same business day they are made.
e. Client Satisfaction. LawChamps reserves the right to periodically survey client satisfaction with its operations and shall investigate and take appropriate action regarding any complaints made against member attorneys using the Site and Services, LawChamps’ own operations, and/or complaints against its employees. The surveys may be by mail, email or by phone and need not involve every client and/or potential client. LawChamps reserves the right to, in its sole discretion, take any and all corrective action it deems appropriate to adequately respond to and improve client satisfaction, including but not limited to removing attorneys from the platform.
2. Use of Site and Services.
As a party to this Agreement, user of the Site or a user of the Services (an "Attorney User"), you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account without LawChamps’ express prior written consent, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LawChamps is not responsible for third party access to your account that results from theft or misappropriation of your user names and/or passwords.
b. Matching with Potential Clients. LawChamps’ Site and Services are intended to allow you to be matched with a number of potential clients, as well as to generally assist you by providing those scheduling, calendaring, appointment alerts, business development and conversion, case management, brand building and/or reputation management Services that you may elect to receive as part of your attorney membership. LawChamps makes no representations or warranties concerning our ability to find you a potential client or any particular number of potential clients, does not guarantee conversion or results, and your use of the Site and Services is conditional upon your understanding and accepting these limitations and conditions.
c. Geographic Limitations. The Site and Services are intended solely for use in the United States and U.S. territories. LawChamps does NOT currently intend to collect data or information from any EU citizen. You hereby represent and warrant that you are NOT a EU citizen, and your use of the Site and Services is contingent upon the truthfulness and ongoing validity of those representations and warranties. You will only use the Site and Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. By using the Site and Services, you represent that you have not been designated by the United States government, any state government, and/or any other government or regulatory body as a person, of whatever kind, to whom use of the Site and/or provision of the Services are prohibited. Registration for, and use of, the Site and Services are void where prohibited. You are responsible for determining whether the use of the Site and Services is legal in your jurisdiction.
d. Treatment of Information Submitted. You are solely responsible for, and assume all liability regarding the truthfulness and validity of, (i) the information and content you contribute to the Site and Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Site and Services; and (iii) your interactions with other users through the Site and Services.
e. Risk Assumption and Precautions. You assume all risk when using the Site and Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions when meeting with potential clients with whom you have been matched. As an Attorney User, you may require an engagement agreement from a client prior to delivery of legal services. The terms of any such agreements between you and any potential client are your responsibility to arrange for and memorialize. It is recommended that you enter a written engagement agreement as it establishes the terms of your attorney-client relationship and protects both you and the client, though whether you do so is left to your professional discretion. You understand and assume the risk that failure to finalize the terms of legal representation in a written engagement agreement may result in lack of evidence of proof of your agreement with a client if a dispute arises.
f. No Guarantees. LawChamps may not be able to provide suitable matches for everyone seeking to use the Services. "Matches" are defined as the point when general users submit information to LawChamps, and LawChamps’ wholly-automated matching system indicates that there is one or more attorney(s) available to be matched with the general user in response to the information provided. LawChamps may not be able to provide potential client matches to every attorney user seeking to use the Services. Further, LawChamps makes no guarantees as to the number or frequency of potential client matches generated through the Matching Service, or to such potential client matches’ ability, desire or criteria to communicate with any user or move forward with a legal engagement, regardless of the type of membership you choose. You understand that, except as otherwise stated in this section, LawChamps makes no guarantees, either express or implied, regarding your ultimate ability to engage any potential client that you are matched with through the Matching Service or as to the conduct of such individual(s) during the representation. LawChamps cannot guarantee the outcome of any court case, legal matter or issue.
g. Reporting of Violations. You will promptly report to LawChamps any violation of the Agreement by others upon such violation becoming known to you, including but not limited to, any violation by other users.
h. Content Removal. LawChamps reserves the right, but has no obligation, to monitor the information or material you submit to the Site, through the Services, or through or social media platforms. LawChamps will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the reasonable request of any third party. LawChamps further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you and/or other members have quality experiences on the Site.
i. Posting and Communication Restrictions. You will not post on the Site, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site, through the Services, or through our social media platforms, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content and/or content in which others have intellectual property rights (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining express written permission first;
v. contains video, audio, photographs, or identifying images of another person without his or her express written permission; however, in no case shall you post on the Site, transmit to other users, or communicate any content (or links thereto) containing any information, video, audio, photographs, or identifying images referring or relating to anyone under 18;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person's personal information without his or her permission, disseminates personal information referring or relating to anyone under 18, and/or collects or solicits another person's personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Site or Services;
xv. uses the Site or Services for chain letter, junk mail or spam e-mails;
xvi. collects, solicits, uses or reveals data or information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
j. No False Information. You will not provide inaccurate, misleading or false information to LawChamps or to any other user. If you discover that information provided to LawChamps or another user subsequently becomes inaccurate, misleading or false, you will promptly notify LawChamps of such change.
k. No Junk or Spam Email. You will not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Site or Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Site or Services, you acknowledge that you will have caused substantial and irreparable harm to LawChamps, and, further, that legal, monetary relief would not fully compensate LawChamps for the breach. You therefore agree that LawChamps may seek immediate, extraordinary relief in a court of competent jurisdiction, including but not limited to temporary restraining orders, preliminary injunctions and/or permanent injunctions, in addition to any request for legal, monetary relief, without posting bond or other security, in the event of any alleged breach of this subsection. Moreover, you also agree that the exact amount of harm caused LawChamps would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay LawChamps $500 for each unsolicited communication you send and/or that is received through the Site or Services as the result of your actions. Finally, in any dispute arising under this subsection of this agreement, the prevailing party shall be awarded his or her reasonable attorney’s fees and costs.
l. Unique and Bona Fide Profile. As a User of the Matching Services, you will create a unique attorney profile with your information, and you agree to create only one profile, which you commit to keeping up-to-date and accurate. In addition, your use of the Matching Service must be for the purpose of offering legal services for which you are qualified in order to maintain the integrity of the Matching Service. Not all Users are available for matching at all times. Moreover, from time to time, LawChamps may create test profiles in order to monitor the operation of the Services.
m. No Harassment of LawChamps Employees or Agents. You will not harass, annoy, intimidate or threaten any LawChamps employee or agent engaged in providing any portion of the Site and Services to you.
3. Proprietary Rights.
a. LawChamps’ Proprietary Information. You hereby acknowledge and agree that LawChamps is the owner of highly valuable proprietary information pertaining to the Site and Services, including without limitation, LawChamps’ matching system, profile and reviewing systems, automated questions and intake questionnaires, calendaring functions and alerts, and other case management systems (collectively, "Proprietary Information"). LawChamps owns and hereby retains all of its proprietary rights in the Site and Services, including but not limited to, its proprietary rights in any and all Proprietary Information.
b. No Use of Proprietary Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, any Proprietary Information accessible via the Site or Services, without first obtaining the express prior written consent of LawChamps.
c. LawChamps’ Intellectual Property Rights. You hereby acknowledge that any and all of LawChamps Intellectual Property Rights pertaining to LawChamps, its Site and Services, remain the sole and exclusive rights of LawChamps. You further acknowledge that nothing in this agreement intends to or does grant any Intellectual Property Rights to you or allows you the right to access or use LawChamps’ Intellectual Property. “Intellectual Property” and “Intellectual Property Rights” shall have the broadest possible meaning, and shall include, without limitation, any and all common law and registered intellectual property rights, patents and/or applications, trademarks and/or trademarks and/or trademark applications, copyrights and/or copyright applications, trade secrets, processes or systems, sales and distribution networks, logos, websites, designs, advertising or promotional materials, automated questionnaires or related research, and/or information related in any way to LawChamps and its Site and Services which now exist, or at any point in the future shall exist, as well as any derivative works, moral rights, and/or other artistic rights associated in any way whatsoever with any of the foregoing. You agree to respect and not infringe LawChamps’ Intellectual Property Rights, and further agree not to make commercial use of LawChamps’ Intellectual Property, without first obtaining the express prior written consent of LawChamps.
d. Other Users’ Information. Other Users may post copyrighted information on the Site or through the Services, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any proprietary information of LawChamps or any third party user that may be made available via the Site or Services, without first obtaining the express prior written consent of the owner of such proprietary rights.
e. License to Posted or Accessed Content. You may elect to post information or content to any profile pages or other public area of the Site or Services, and you may further elect to link your LawChamps profile or account to any of your social network accounts, for the purpose of linking or posting content to the public areas of the Site or Services, or to populate your profile. You agree that you automatically grant, and you represent and warrant that you have the right to grant, to LawChamps and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute information and content you link or post to the public areas of the Site or Services and your profile, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, LawChamps may create, test, and/or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant LawChamps the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information.
b. Exchange of Information. When you sign up for an attorney membership with LawChamps, you are given the opportunity to opt-into creating an attorney profile to be displayed on the Site. In the event that you opt-in, your attorney profile information will be publicly available on the Site and will also be shared with your potential client matches after you have been matched. You may, at your discretion, edit, modify, add to, delete portions of, or entirely remove your attorney profile from the Site, at any time. In the event that you opt-out of creating an attorney profile or elect to remove your profile from the Site, your a potential client will only be given your contact information after you have been matched and confirmed your availability for a consultation with that potential client.
c. Disclosure By Law. You acknowledge and agree that LawChamps may disclose information you provide if required to do so by law, at the request of a third party provided that notice has been given to you of the request, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend LawChamps, your, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including a user) is threatened.
d. Use of Anonymous Information for Research. You agree to allow LawChamps to anonymously use the information from you and your experiences provided through the Site and Services to conduct research to improve the Site and Services. By way of example only, LawChamps will monitor the popularity of certain areas of its Site and Services and their features, to determine how to improve the functionality of the Site and Services and assess what further products, features and services to offer in the future. However, we will not publish research containing your personal information.
5. Links to Third-Party Web Sites / Dealings with Our Partners.
6. Disclaimer of Warranty.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LAWCHAMPS PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LAWCHAMPS DOES NOT WARRANT THAT YOUR USE OF THE SITE AND SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED. LAWCHAMPS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE AND SERVICES.
b. Disclaimer. LAWCHAMPS IS NOT AN ATTORNEY OR A LAW FIRM, AND THE EMPLOYEES OF LAWCHAMPS ARE NOT ACTING AS ATTORNEYS. LAWCHAMPS DOES NOT PROVIDE ANY LEGAL ADVICE. THE USE OF LAWCHAMPS, THE SITE, OR SERVICES DO NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LAWCHAMPS, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN LAWCHAMPS AND ANY OTHER USER. ALL USERS ARE TOLD THAT USE OF THE SITE AND SERVICES IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD BE USED ONLY AS A STARTING POINT FOR ADDRESSING ANY LEGAL ISSUES, WHICH THEY ARE ADVISED SHOULD BE ADDRESSED THROUGH CONSULTATION WITH A LICENSED ATTORNEY. FOR FURTHER CLARITY, ANY INFORMATION PROVIDED BY LAWCHAMPS TO A USER IS NOT A SUBSTITUTE FOR AN IN-PERSON OR TELEPHONE CONSULTATION WITH AN ATTORNEY LICENSED TO PRACTICE IN A USER’S JURISDICTION ABOUT A SPECIFIC LEGAL ISSUE, AND SHOULD NOT BE RELIED UPON. LAWCHAMPS WILL NOT INFLUENCE OR INTERFERE IN ANY MANNER WITH AN ATTORNEY’S INDEPENDENT PROFESSIONAL JUDGMENT AND/OR ITS GENERAL USERS’ JUDGMENT OR DECISIONS.
ANY COMMUNICATION BETWEEN YOURSELF AND LAWCHAMPS IS NOT SUBJECT TO AN ATTORNEY’S DUTY OF CONFIDENTIALITY AND IS NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR WORK-PRODUCT DOCTRINE. FOR THE AVOIDANCE OF DOUBT, WHEN CONTACTING LAWCHAMPS, YOU HEREBY EXPRESSLY WAIVE ANY DUTY OF CONFIDENTIALITY THAT MAY BE IMPLIED TO ALL OF YOUR COMMUNICATIONS WITH LAWCHAMPS WHILE USING THE SITE OR THE SERVICES.
Attorney users must confirm for themselves that their activities, including their use of the Site and Services, are lawful. The laws and ethics rules governing attorneys vary by state, and the prevailing national view could vary in some particulars in certain states. LawChamps is constantly at work to be up-to-date and comply with new ethical rules in all states. However, Attorney Users, not LawChamps, are responsible for ensuring their own compliance with applicable rules and regulations.
Moreover, LawChamps does not investigate, verify or warrant the accuracy of any information provided by its Attorney Users in their profiles. You are solely responsible for the accuracy of all information you provide LawChamps and other users. LawChamps is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third party websites and content contained on such third party websites, or content of any other kind transmitted by you or any other users, and reference(s) to any such content on the Site are not a sponsorship, endorsement, or recommendation by LawChamps. All users are told that LawChamps makes no representation that the quality of the legal services to be performed by any one Attorney User is greater than the quality of legal services performed by any other attorney; similarly, LawChamps makes no representation as to the outcome of any legal representation or matter. Finally, all users are told that results of an attorney’s prior legal representation do not guarantee a similar outcome in the future.
As an Attorney User you retain the right and responsibility to exercise your own independent professional judgment regarding the legal engagements you undertake and the legal services you provide, including but not limited to whether to accept a match, undertake an engagement, and/or how to handle any and all engagements. For further clarity, LawChamps has no influence on, involvement in, or responsibility for the professional services of its Attorney Users. You are solely responsible to the other users for establishing and maintaining any attorney-client relationship you undertake, as well as for all legal services provided.
Specifically, you represent and warrant that you will obtain a valid and enforceable, separate attorney engagement agreement with any other user to whom you provide legal services, that the agreement will be in writing if required by your state bar and/or jurisdiction, and that the scope of the legal services to be provided will be specified in, and governed by, your agreement with your client. Any and all disputes between you and any other users, including but not limited to disputes regarding whether an attorney-client relationship has been established, the scope of services to be provided, the quality of the services provided, the propriety of the fees charged and/or payments made, shall be resolved between you and your clients or potential clients, not LawChamps.
c. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by LawChamps, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LAWCHAMPS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES AUTHORED BY OTHERS, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LAWCHAMPS. UNDER NO CIRCUMSTANCES WILL LAWCHAMPS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT AUTHORED BY, POSTED ON THE SITE OR SERVICES BY, OR TRANSMITTED TO OR BY, ANY PARTY OTHER THAN LAWCHAMPS.
d. Beta Features. From time to time, LawChamps may offer new "beta" features or tools with which its users may experiment on the Site and Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at LawChamps’ sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitations of Liability.
a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LAWCHAMPS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SITE OR SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LAWCHAMPS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LAWCHAMPS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID LAWCHAMPS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $10.00 USD OR ITS EQUIVALENT.
b. No Liability for Non-LawChamps Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LAWCHAMPS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, PUNITIVE, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ATTORNEYS OR OTHER USERS OF THE SITE OR SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. LawChamps may use various ways of verifying information that users have provided, with their consent. However, none of those ways are perfect, and you agree that LawChamps will have no liability to you arising from any incorrectly verified information.
8. Indemnification for Attorneys.You agree to indemnify, defend and hold harmless LawChamps, its subsidiaries and/or parent companies, and each of their officers, directors, employees, agents, attorneys, and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any third party claim regarding, referring or related to (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations regarding, referring, or relating to the Site or Services. LawChamps reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LawChamps in asserting any available defenses. You further agree to indemnify and hold LawChamps harmless for the representation of other users and services requested to be performed by other users, your ultimate ability to engage and/or provide services to any other user, and your representation of any other user.
9. Complaints / Law Enforcement or Government Contact.To resolve a complaint regarding the Site and Services, you should review our Frequently Asked Questions (“FAQs”) by clicking on the FAQs link located on the Site, or e-mail us. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to our registered agent for service of process: Northwest Registered Agent, Inc. (C3184722). All other communications or inquiries sent to this registered agent related to LawChamps will be discarded.
10. Communication and Privacy.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement and your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or LawChamps may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. LawChamps reserves the right to immediately suspend or terminate your access to the Site or Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Site or Services and any other records at any time at our sole discretion. In the event your access to the Site or Services is suspended due to the breach of this Agreement, you agree that all fees then paid to LawChamps by you will be non-refundable and all outstanding or pending payments will immediately be due. You may terminate your account by selecting "Contact Us" from the drop down menu on the Site and sending a message which states that you are cancelling this Agreement, or words of similar effect, or by sending an email to: firstname.lastname@example.org. Please include the e-mail address associated with your account in this notice. Following any termination of any user's use of the Site or Services, LawChamps reserves the right to send a notice thereof to other users with whom you have corresponded.
a. Cancellation at Any Time, with No Refund. Except as otherwise stated in this section, you may cancel your membership or subscription to the Services at any time during the term of such registration or subscription or any renewal period by selecting "Contact Us" from the drop down menu on the Site, and sending a message which states that you are cancelling your membership or subscription, or words of similar effect, or by sending an email to: email@example.com. Please include the e-mail address associated with your LawChamps account in this notice. In such case, your membership or subscription will terminate at the end of the membership or subscription term for which you have paid, and you will not receive any refund for any unused days of such membership or subscription term. By way of example only, if you are a monthly member and started your membership on June 30th and you cancel on July 15th, you would not be billed on your next payment date of July 30th and would not receive a refund for the unused membership days of July 16th to July 30th. If you purchase a membership or subscription on an installation payment basis (e.g., on a 12-month payment plan), your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.
b. Two Business Day Cancellation Period, with Refund. You may cancel your membership or subscription to the Services at any time prior to midnight of the second business day following the date you have enrolled, excluding holidays. To cancel, select "Contact Us" from the drop down menu on the Site, and send a message which states that you are cancelling your membership or subscription, or words of similar effect, or by sending an email to: firstname.lastname@example.org. Please include the e-mail address associated with your LawChamps account in this notice. The day that you submit a completed enrollment form will be the date that you enrolled in the Services and also the date of this Agreement. Any refunds due under this two business day cancellation policy will be made within 14 calendar days after LawChamps’ receipt of your cancellation notice.
c. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the Services for which you contracted with LawChamps, you or your estate may elect to be relieved of the obligation to make payments for Services other than those received before death or the onset of disability, except as provided in subsection (iii). It will be the responsibility of you or your estate to reasonably promptly notify LawChamps of the cancellation, by selecting "Contact Us" from the drop down menu on the Site and sending a message, or by sending an email to: email@example.com.
i. If you have prepaid any amount for the Services, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
ii. "Disability" means a condition which precludes you from physically using the Services during the term of disability, provided the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to LawChamps.
iii. If the physician determines that the duration of the disability will be less than six (6) months, LawChamps may extend the term of the Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
13. Billing and Pricing.
a. Billing Cycle. When you register and purchase your attorney membership, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month (or each year for annual members) and you will be billed on the same date each month (or year). LawChamps reserves the right to change the timing of its billing and to make adjustments to the amounts charged, as appropriate. In the event your paying membership began on a day not contained in a given month, you agree to allow LawChamps to charge you on a day in the applicable month or such other day as deemed appropriate. By way of example only, if you started your attorney membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and you would be charged on that date.
b. Price Changes. LawChamps reserves the right to adjust membership pricing at any time. Unless LawChamps expressly communicates otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a newsletter, email, on the Site, or such other means as deemed appropriate from time to time.
c. Inability To Bill Your Account. If LawChamps cannot bill your account, LawChamps reserves the right to terminate your access to the Site or Services, or any portion thereof.
d. Gifts and Promotions. From time to time, LawChamps may make available itself or through third parties gift cards for participating in LawChamps’ surveys, promotions, or other events. The purchase and redemption of gift cards may be subject to additional terms. From time to time, other types of promotions, including through the use of promotional codes, may be available, including those provided by us as part of our partnerships with third parties. Promotions and promotional codes may be redeemed as described in the specifics of the promotion. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional codes are only available to new customers that have never utilized LawChamps before, are not transferable, can only be used once, cannot be redeemed for cash, may not be combined with other offers, and are void where prohibited. If you received a promotional code through an offer made by us through a third party or by a third party directly, additional conditions may apply.
In order to provide continuous service, LawChamps automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, or in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under section 12(a) above, "Cancellation At Any Time, With No Refund".
a. Arbitration of Disputes. You and LawChamps agree that any and all disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of LawChamps (a “Dispute”), will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration administered by the American Arbitration Association (AAA), to the maximum extent permitted by the Federal Arbitration Act (FAA). YOU AND LAWCHAMPS AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with a Dispute (subject to the exceptions listed in subsection 15b), and that our rights will be determined by a NEUTRAL ARBITRATOR OR ARBITRATION PANEL, NOT A JUDGE OR JURY. Notwithstanding the above, LawChamps is always interested in attempting to resolve any disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If you have an issue, question or concern about the Site or Services and are contemplating arbitration, please direct your inquiries to us at firstname.lastname@example.org.
b. Exceptions to Arbitration. The only exceptions to this agreement to arbitrate Disputes are (i) in the event that LawChamps brings legal and/or equitable claims (including but not limited to claims for injunctive relief) in accordance with Section 2.k of this Agreement regarding, referring or relating to your use of the Site and Services, in which case LawChamps may elect to have such claims heard in any court of competent jurisdiction; (ii) in the event that LawChamps brings legal and/or equitable claims regarding, referring or relating to the misuse, misappropriation, infringement and/or other violation of LawChamps’ proprietary rights in its Proprietary Information in accordance with Sections 3.a and 3.b of this Agreement, in which case LawChamps may elect to have such claims heard in any court of competent jurisdiction; (iii) in the event that LawChamps brings legal and/or equitable claims regarding, referring or relating to the misuse, misappropriation, infringement, and/or other violation of LawChamps’ Intellectual Property Rights in accordance with Section 3.c of this Agreement, in which case LawChamps may elect to have such claims heard in any court of competent jurisdiction; and (iv) in the event LawChamps seeks an injunction or other extraordinary relief as provided for in Section 16.a of this Agreement.
c. No Class Actions. YOU AND LAWCHAMPS ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor LawChamps agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
d. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the AAA, in accordance with its Commercial Arbitration Rules, and any supplementary rules or procedures deemed appropriate by the arbitrator or arbitrators. The parties further agree that the arbitration will take place in San Francisco, California.
e. Enforcement. The arbitrator(s) will have full and exclusive power and authority to rule on his, her and/or their jurisdiction and to decide any and all issues of arbitrability.
f. Entry of Judgment. The award rendered by the arbitrator(s) will be final and binding. Judgment on the award may be entered in court. For clarity, the parties hereby submit to the jurisdiction of the Federal and State courts in San Francisco, California, for the purpose of confirming any such award and entering judgment thereon.
16. General Provisions.
a. Right to Seek Injunction. Violation of this Agreement may cause LawChamps irreparable harm, and therefore you agree that LawChamps will be entitled to seek extraordinary relief in any court of competent jurisdiction, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that LawChamps may have for a breach of this Agreement.
b. Choice of Law and Venue. This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. However, as set forth in Section 15, any and all Disputes will be arbitrated to the maximum extent permitted by the Federal Arbitration Act (FAA). Arbitrations provided for under this Agreement shall be administered by the AAA in San Francisco, California, pursuant to the AAA’s Commercial Arbitration Rules and any other supplementary rules and procedures that the arbitrator(s) deem appropriate, also in keeping with the provisions of Section 15 of this Agreement. In the limited instances in which this Agreement permits the parties to apply to a court for legal or equitable relief, and/or to confirm and enter an arbitration award in court, the parties submit and consent to the jurisdiction of the State of California and agree that such proceedings shall be conducted in the state courts of San Francisco, California or the federal courts for the United States for the Northern District of California.
17. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify LawChamps’ copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit eHarmony to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
The Court Buddy Company, Inc. dba LawChamps
584 Castro Street #101, San Francisco CA 94114
email@example.com (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
18. Tax Disclosures and Notices.
Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from LawChamps (including information provided by an attorney) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.