Terms of Use
Effective date February 19, 2020
BestLegalChoice.com (hereinafter BLC) is an online platform for collaboration and communication between legal professionals and Users seeking legal help. BLC provides access to BLC’s virtual community of participating legal professionals while offering an easy way to collaborate through BLC’s communication management tools. BLC also makes payment simple and secure through use of its secure payment and invoicing tools.
TERMS OF USE
Thank you for coming to BLC. These Terms of Use describe your relationship with our website, whether you are a user, or a legal professional user. They describe how we will do business together. Please read them carefully and make sure you understand them before you agree to them as these Terms of Use, once agreed to by you, will govern all transactions.
Please note the following very carefully:
1. BY CLICKING ON THE “ACCEPT” BUTTON, OR ACCESSING OR OTHERWISE USING BLC’s SERVICES AND/OR THE SITE, YOU HEREBY REPRESENT AND WARRANT THAT:
A. YOU ARE OVER THE AGE OF 18 AND AUTHORIZED TO ENTER INTO THIS CONTRACT AND BIND YOURSELF TO THESE TERMS OF USE.
B. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE GOVERNED BY THESE TERMS OF USE INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.
IF YOU AGREE TO THE TERMS OF USE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.
CHANGES TO THE TERMS OF USE:
BLC may, in its sole discretion, amend these Terms of Use at any time without notice. However, BLC will attempt to notify you if a change has been made by posting a revised version of these Terms of Use on the Site. BLC will attempt to, but is not obligated to, provide reasonable advance notice of any amendment that includes a substantial change. Users will receive notification of changes in these Terms and Conditions by email at the email address provided when registering to use this site.
Please note that, your continued use of the Site or the Site Services after the Effective Date of a revised version of these Terms of Use constitutes your acceptance of, and your agreement to be bound by, the Terms of Use as revised.
In the event of a conflict between these Terms and Conditions and any other provision in any other policy associated with this Site, these Terms and Conditions will control unless otherwise specified. Should you have any questions regarding these Terms of Use, please contact us at support@bestlegalchoice.com.
You will be clicking an “accept” button signifying your agreement to be bound by these Terms and Conditions. Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.), by clicking to accept the Terms of Use when prompted on the Site, you are deemed to have executed and thus agreed to the Terms of Use electronically, effective on the date you click to accept the Terms of Use.
Your Account registration constitutes an acknowledgement that you are able to and willing to electronically receive, download, and print this Terms of Use, and any amendments. BLC will not send you a copy or an original.
What Is BLC and what do we do?
BLC is a website that functions as a platform on which consumers (aka users) and legal professionals can meet. BLC provides an opportunity for collaboration and communication between legal professionals and users. For users seeking legal assistance from legal professionals, we offer access to our virtual community where you can find a participating legal professional, meet and collaborate in order to develop a professional relationship that can lead to successful professional interaction. Consumers may post a legal need or job proposal on our interactive bulletin board, and legal professionals may bid on the project. Users may thereafter communicate directly and securely with the legal professional to come to agreeable terms.
BLC offers a variety of services to enhance your work with the legal professional you hire. These services include: client profile, messaging feature, document storage and sharing feature, convenience of connecting with legal professionals quickly, SSL 256-bit secured site, e-signing, payment processing, invoicing, reviews feature, and customer support.
Please read the complete Terms of Use for further discussion regarding what we are and what we do.
What BLC is not, and what BLC does not do:
I. BLC is not a law firm. BLC works with lawyers to make sure the service is worthy of your trust. However, BLC does not offer legal services or representation. BLC does not offer any legal advice, legal opinions, recommendations, or referrals (see below). We cannot even help determine whether or not you require legal assistance, not to mention the nature or scope of such a need. We are only here to help you connect with a lawyer participating on our platform by offering up the platform and the associated services in order to help make your experience one you will be pleased with.
Some other things you need to know about what we are not and what we do not do:
A. None of the legal professionals who use this interactive online platform have any ownership or proprietary interest in BLC or its affiliates.
B. None of the legal professionals using this interactive online platform are officers or directors of BLC and have no pecuniary interest, direct or indirect, in BLC or the proceeds thereof. There is no sharing or splitting of fees. What you pay the lawyer you hire goes entirely to him or her. BLC receives no part of the fee.
C. The legal professionals that participate on this interactive online platform intend that they are Independent Contractors in every way, and no relationship of employer-employee exists between them and BLC.
D. Participating legal professionals who use this site are subject to these Terms of Use, but BLC does not have the right to control the means, methods, or sequence by which they comply with them.
E. If the participating legal professional employs any third persons, these persons will be under the exclusive control of the participating legal professional and not BLC, and they alone shall determine all terms of employment, including but not limited to hours, wages, working conditions, discipline, hiring, and discharging.
F. Neither the participating legal professional nor any of his or her employees, subcontractors or consultants have the right to act or speak on behalf of BLC in any capacity, or to bind BLC to any obligation, actually, constructively or ostensibly. They are not BLC agents for any purposes.
II. BLC is not a Lawyer Referral Service. A certified Lawyer Referral Service operating under the applicable laws of their specific jurisdiction is in the business of referring consumers to attorneys in exchange for compensation. Typically, the Lawyer Referral Service will interview you and, depending on the nature of your legal problem, will try to match you with a vetted and qualified lawyer who is experienced in the appropriate area of law in your geographical area that they will vouch for or endorse. You will then see the lawyer for an initial consultation or speak to the lawyer on the phone. In most states, Lawyer Referral Services must be certified by the State Bar and conform to state Supreme Court standards in order to protect clients.
BLC is NOT a lawyer referral service. BLC does not filter potential cases or channel potential clients to selected lawyers. BLC provides an online platform on which consumers and legal professionals may meet and discuss legal issues including the need for particular services. If a user wishes, he or she may post their need for legal services on the platform and legal professionals may then offer to perform legal services. BLC may then offer both users (the consumer and the legal professional) the benefits associated with its administrative assets including, but not limited to, document management and invoicing services.
BLC recognizes that it is very difficult for someone who has never had to hire a lawyer to find a lawyer. BLC takes away some of the guesswork. All participating legal professionals must be licensed in their state and have no public record of discipline. They will have completed a detailed application, undergone a limited background check, and represent that they have at least five years professional experience in their selected field(s) (i.e., family law, business law, real estate law, estates, etc.) BLC encourages all participating lawyers to have their own malpractice insurance. BLC expects that all participating legal professionals will comply with all ethical requirements of their jurisdiction. However, you must keep in mind the following information regarding use of our platform and possibly working with participating legal professionals:
1. BLC makes no warranty, guarantee, or representation as to the standing, ability, competence, quality, or qualifications of any participating legal professional user of this site. It is up to you to conduct your own evaluation to determine if the legal professional who bids on your job is right for you.
2. While BLC uses commercially reasonable efforts to verify that its participating legal professionals are licensed attorneys in good standing with no public record of discipline, BLC is simply unable to continually track, verify and monitor the standing of each participating legal professional. Therefore, BLC encourages users to research and evaluate any participating legal professional before accepting professional advice, consultation or service, and to check the legal professional’s standing with the applicable state bar.
3. Lawyer users are independent legal professionals who offer to perform legal services to prospective clients. BLC does not vouch for any participating legal professional.
4. Nothing its website or otherwise implies an endorsement by BLC of any participating legal professional.
5. BLC does not sanction, warrant, endorse or guaranty any statements or representations a participating legal professional may post on the website. These are between you and the legal professional. BLC does not monitor communications between its customers and the legal professionals they may meet on the platform. Additionally, from time to time, users may submit, and BLC may publish, reviews of users who enjoyed use of the site and found satisfaction in what they were hoping to achieve in using the site. Customers may, but we do not, publish reviews of lawyers. Nothing we publish should be construed as representation, guarantee, warranty, or prediction regarding the outcome of any legal matter. BLC makes no guaranty of any result or outcome of your legal matter. BLC Does Not Guarantee Results.
6. BLC neither takes responsibility for nor endorses any description or indication of specialization or limitation of practice by a participating legal professional. All participating legal professionals are obligated to comply with all of the rules and regulations governing professional conduct, including advertising, solicitation and representations regarding specialization.
7. While we strongly encourage it, BLC does not warrant or guarantee, or even require, that participating legal professionals are covered by professional liability insurance (aka malpractice insurance).
8. Because participating legal professionals are not employees or agents of BLC, and because BLC offers no warranty or representation of any kind concerning the quality of legal services offered by a participating Legal professional, BLC may not be held liable for the actions or omissions of any legal professional performing professional services for you. We have no control over, and cannot guarantee the availability of any legal professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting there from, or for any other injury resulting from the use of the Site or Services whatsoever. Remember, we are not a law firm and we are not a referral service. All choices you make in connection with the use of the services BLC offers are your choices. You are responsible for making wise and informed choices.
9. Use of the BLC Service is not intended to, nor will it, create an attorney-client relationship. BLC is not a law firm and you are not a client of BLC. You are a user of an online platform and with a little luck you will find the help you need as a result. Though all of your communications with BLC are protected by our Privacy Policy, they are not attorney work-product and are not protected under any privilege (including attorney-client privilege). BLC will do its best to ensure your confidentiality, but it does not guaranty it. Other than information you submit through the Site, BLC has no access to any communications between you and any participating legal professional you choose through your use of the site, which communications may very well be protected by attorney-client privilege.
10. As part of our service to all Users, BLC may provide a forum for clients to comment on their experiences with the legal professionals reached by using the Service. Comments posted will be available for review by all BLC Users. While we encourage open and unrestricted use of the forum, we do not tolerate offensive conduct. When using the discussion forum to comment on your experiences, please keep the comments accurate, constructive and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to the User. BLC reserves the right to terminate this agreement and restrict future access to the Service to Users or legal professionals who post comments that are defamatory, hostile, vulgar, or otherwise distasteful. BLC reserves the right to remove any comment posted on the comment board at any time for any reason.
Here’s How It Works
Now that you understand what BLC is and what BLC is not, let’s take a moment to explore a little about how the platform works. Keep in mind that each individual’s use of and experience using the platform may be different. In many instances, the experience might work something like this:
A. Finding “the right fit.”
Users may post Jobs through the Service. Participating legal professionals will not contact you directly without your permission, but may submit Bids and negotiate details of these Jobs prior to acceptance directly with the user on the platform.
You have a need for legal services. You find the BLC website and decide to register. You accept the Terms of Use and set up your account. You now have access to the interactive platform. You post your legal service requirements on the platform. Within a short period of time, hopefully not to exceed 24 hours, you begin receiving bids from participating legal professionals who are interested in assisting you with your need for legal services. A “Bid” may be a written offer or proposal to perform the needed legal services, an offer to discuss the legal issue, an offer for a consultation, a request for further information, etc. Either way, you then have the ability to interact with each participating legal professional who wishes to supply the services you need. You have access to their private professional profiles so you may do all the investigating you wish. You have the ability to engage in direct communication with the participating legal professional either via the portal email, or via direct telephone conversations. You might even want to schedule an in-office meeting with the participating legal professional. In every way possible, you are encouraged to take all the steps you deem necessary to determine whether or not the participating legal professional meets your needs and constitutes “the right fit.”
B. Establishing the relationship.
Upon acceptance, the scope of a participating legal professional’s representation is strictly limited to the matter as agreed upon in the accepted bid settled upon between the user and the participating legal professional who will then formalize their arrangement via a signed engagement letter or other written agreement negotiated between you and the participating legal professional.
Once the user and the legal professional establish that they are a good fit for one another, they will contract for the services between them. BLC’s administrative services are available to facilitate this process, but it is not obligatory. What is obligatory, however, is that the lawyer and the user notify BLC that there will be a working relationship between the user and the services provider since it evolved directly from use of the platform by the user and the participating legal professional. This will require disclosure of certain otherwise privileged communications between the lawyer and the client – the fact of the representation and the agreed upon fee.
Disclaimer of attorney-client relationship
We take no position as to when an attorney-client relationship is formed. Each local bar association will have rules as to when an attorney-client relationship is formed, and Users should consult the local bar association if they have a question as to when an attorney-client relationship is formed. If an attorney-client relationship is formed through the Service, the legal professional agrees to provide services at the proposed price reached through the Service at the time the Project is awarded to the legal professional by the User. A “Project” is the legal need posted by the User on the Service on which the legal professional submits their price proposal to complete the legal project. The “Agreed-To Price” is the price proposed by the legal professional and confirmed by the User when a project is awarded to an legal professional by the User.
Any form of use of the Service by an legal professional or User is not intended to and will not create an attorney-client relationship between any person or entity and BLC. Any electronic communication sent to BLC will not create an attorney-client relationship between the User and BLC, such being expressly denied.
C. Paying for services
BLC does not charge for legal services. The services available on the Website are offered in exchange for processing and service charges applied to transactions on the website but only after the services are completed and the fees are paid.
At this point, the user’s account will be charged a service fee. The user may use a banking account or apply a debit or credit card to its account for payment of the service charge. Note that this service fee has nothing to do with, nor is it connected in any way to, or based upon, the fee agreement between the legal professional and the user. As stated above, BLC is not a law firm. It is not a referral service. It in no way participates in or derives any advantage from the fee agreement between the legal professional and the user. Whatever amount you agree to pay the legal professional is paid entirely to the legal professional. Additionally, the user and the legal professional are obligated to use the site’s payment facilitation functions to pay and to receive payment for the work. There is no charge for these services. BLC merely facilitates the processing of payment and receipt of payment.
In the event that the job requirement is not able to be reduced to a flat fee and requires progress payments or payments on a monthly basis, then payment will be processed as specified in the contract between the legal professional and the user and invoiced accordingly. When a Job (or a segment thereof as pre-agreed in writing between the user and the participating legal professional is marked as completed by the legal professional, BLC will inform the user that the Job (or a segment thereof as pre-agreed in writing) is complete. The user must then pay the agreed-upon amount or request changes. If the Legal Client has taken no action after 10 business days, BLC will have the right to charge the user’s credit card, bank account, or PayPal account for the full amount of the agreed-upon fee or undisputed invoice pending final processing and invoicing by the attorney.
As you can see, you, the user, are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay the participating attorney through BLC’s payment account the amount agreed on in the Bid or undisputed invoice, unless you dispute the matter by sending an email to support@bestlegalchoice.com and adhere to the other conditions set forth in this agreement. You are responsible for providing us with a valid means of payment..
BLC agrees to present you with a full invoice of each charge in advance of charging your credit card or PayPal account. BLC agrees to pay the applicable legal professional the amount agreed upon between you and the legal professional and reserve no part of it for itself. The legal professional is paid the full amount without deduction.
Note that, in the event of a dispute over the fee between the legal professional and the user, any local procedure for fee dispute resolution shall take precedence in the resolution of said dispute. BLC shall not participate in any dispute. If both users agree, they may request that BLC retain the funds in their account pending the outcome of the fee dispute, but BLC is under no obligation to do so.
Payment processing services for users and legal professionals on BLC are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or continuing to operate as a user or legal professional on BLC, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BLC enabling payment processing services through Stripe, you agree to provide BLC accurate and complete information about you and your business, and you authorize BLC to share it and transaction information related to your use of the payment processing services provided by Stripe.
Failure to Pay Policy
Purpose
The purpose of this policy is to define what a will happen if a User fails to pay all fees charged to the User’s account and outline potential consequences for such failure.
Scope
This policy applies to all users of BestLegalChoice.com.
Policy
All users of BestLegalChoice.com are financially responsible for the payment of all fees charged to their accounts including, but not limited to legal fees agreed to by and between the User and the legal professional and payable through the portal, fees payable to BestLegalChoice.com by any user, and any miscellaneous fees agreed to by and between the User and BestLegalChoice.com.
Users’ access to the portal shall be terminated and Users may not continue to use the portal or any of its features if the financial obligations for which the User is responsible are not paid in full.
Failure to comply with the payment policies of BestLegalChoice.com may result in further collection activity by an outside collection agency or attorney. When this action occurs, Users are responsible for paying all collection expenses, including attorney fees, which may exceed the original balance owed. BestLegalChoice.com is not obligated to make any effort to informally resolve amounts due and owing and the failure to pay prior to initiating legal collection actions, BestLegalChoice.com reserves the right to submit a User’s account for collection at any time when the User fails to remit payment in full.
Past-due balances and Interest
A User’s balance is considered past due if it is more than 30 days unpaid. Until the past due balance is paid, the User will not be allowed to access the portal for any purposes. During the time a balance is past due, that outstanding balance shall incur interest, without notice and in addition to all other remedies hereunder, at an annual rate of ten percent (10%) or at the highest rate legally permitted, to be computed from the date such balance was originally due through the date when paid in full.
Collections
If the User’s past due balance goes unpaid after 30 days, the User’s account may be sent to collections without further notice and the User will be liable for all attorney fees and collection costs in addition to all unpaid balances and interest accrued. Whether or not, after the unpaid balance, interest, costs and attorney fees are paid, the User may be permitted to use the portal again is within the sole and absolute discretion of BestLegalChoice.com. BestLegalChoice.com reserves the right to refuse access or any service to anyone for any reason at any time.
Refund policy
BLC does not issue refunds or credits on any of its service and or admin fees. In the event of a dispute over the fee between the legal professional and the user, any local procedure for fee dispute resolution shall take precedence in the resolution of said dispute. BLC shall not participate in any dispute. If both users agree, they may request that BLC retain the funds in their account pending the outcome of the fee dispute, but BLC is under no obligation to do so.
Bid credit
The legal professional must also contribute to the cost of operating the site, as well as management, administrative, advertising, and marketing expenses. Each month, a legal professional who wishes to make nonrefundable bids on the leads BLC makes available by allowing access to its portal must deposit funds to be applied as “Bid Credits” which may be used on a particular job posting. Bid fees vary depending on the job type. Notice of these bid amounts shall be available to the legal professional. The legal Professional may opt to purchase a “Bid Plan” which will be available through the site.
Some other things you should know and understand about using the service:
Payment Authorization. By agreeing to these terms, you are giving BLC permission to charge your on-file credit card, PayPal account, or other approved method of payment for fees that you authorize BLC to satisfy. Depending on your Bid specifications, BLC may charge you on a one-time or recurring basis. You authorize BLC to charge you the full amount owed to any participating legal professional User via the Service, as well as BLC’s processing fees. For the avoidance of doubt, in the event that in a particular instance a Participating legal professional user only uses the Services to invoice you for legal services other than those which are the subject of a Bid, by placing your credit card or PayPal account on file with BLC or our third party payment processor, you acknowledge and agree that the payment terms set forth in this Section shall apply.
CONSENT TO RECEIVE NOTICES FROM BLC
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.
To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to this Agreement and the other Terms of Use electronically, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.
DISPUITE RESOLUTION PROCEDURES
By utilizing BLC’s service and agreeing to these Terms of Use, you agree to the following dispute resolution procedures. Note that these dispute resolution procedures apply only to disputes between you as a user and BLC. These procedures do not apply to any dispute between a customer and a legal professional concerning the services contracted for or otherwise. Such disputes are between you the user and the legal professional alone and BLC will not participate in such a dispute in any event.
Initial Informal Dispute Resolution First:
You agree that before initiating any action of any kind against BLC, you agree to first notify BLC of the Claim at Attn: Legal, 457 Paseo Del Descanso, Santa Barbara, CA 93105 or by email to support@bestlegalchoice.com, and BLC agrees to provide to you a notice at your email address on file (in each case, a “Notice”) and seek informal resolution of the Claim. Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Any Notice from BLC must include pertinent account information, a brief description of the Claim, and BLC’s contact information, so that you may evaluate the Claim and attempt to informally resolve the Claim. Both you and BLC will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
If further action is necessary:
Mandatory Binding Arbitration and Class Action/Jury Trial Waiver
This Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) applies to all Users but it does not apply to any dispute between Legal Professionals and their clients.
In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you and BLC agree to resolve the Claim by binding arbitration before an arbitrator from JAMS. JAMS may be contacted at www.jamsadr.com.
Scope of Arbitration Agreement and Conduct of Arbitration
Arbitration as provided in this Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) is governed by the United States Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Arbitration Provision applies to any Claim the parties may have and survives after your relationship with BLC ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Except as otherwise provided herein, arbitration will be conducted in Santa Barbara County, California in accordance with the JAMS Comprehensive Arbitration Rules and Procedures under the Optional Expedited Arbitration Procedures then in effect for JAMS.
Notwithstanding the foregoing, any Claims by participating legal professionals that allege employment or worker classification claims will be conducted within 25 miles of where the legal professional is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect. The JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures” or “JAMS Employment Arbitration Rules.” The parties agree that any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
You and BLC will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, the legal professional will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
This Arbitration Provision does not apply to litigation between BLC and you to which you are a party that is or was already pending in a state or federal court. This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits. Either you or BLC may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitral controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter.
Regardless of any other terms of this Arbitration Provision, a claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, or the National Labor Relations Board. Nothing in this Arbitration Provision will be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement or any other part of the Terms of Use is void or voidable.
Any arbitration shall remain confidential. Neither party may disclose the existence, content, or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver below, of this Arbitration Provision is deemed to be unenforceable, you and BLC agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
Class Action and Jury Trial Waiver
This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and BLC agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a Claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this Arbitration Provision or the JAMS Rules, the arbitrator will have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable. You and BLC agree that you will not be retaliated against, disciplined or threatened with discipline as a result of exercising any rights under Section 7 of the National Labor Relations Act by filing or participating in a class, collective or representative action in any forum. However, BLC may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims.
Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying BLC in writing within 10 days of the date you first registered for the Site. To opt out, you must send a written notification to BLC at Attn: Legal, 457 Paseo Del Descanso, Santa Barbara, CA 93105 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to support@bestlegalchoice.com.
Intellectual Property Notice - BLC retains all ownership of our intellectual property, including our copyrights, patents, and trademarks. BLC retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. No rights, title or interest transfers to any users without the express written consent of BLC.
We reserve all rights that are not expressly granted to you under this Agreement. Specifically, BLC and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of BLC, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from BLC, except as an integral part of any authorized copy of the Content.
BestLegalChoice, Inc. owns all copyright interests in all software and technology used to create BLC. This Agreement does not provide any User with any rights in or to the website technology or any proprietary software or marks. It is a breach of these rights and of these Terms and Conditions to make reproductions of or adaptations to the website software and technology without the express written permission of BestLegalChoice, Inc. Further, no license is granted or inferred to any user to operate the website and its software or technology other than as permitted herein or elsewhere including, but not limited to using decompilation or disassembly (reverse engineering) techniques on this website or related programming. No user shall make use of the technology or proprietary software or marks for any development or operation except as expressly permitted herein or elsewhere without the express written consent of BestLegalChoice, Inc. including, without limitation, all Proprietary Rights relating thereto, all of which will remain the exclusive property of BestLegalChoice, Inc.
Termination - You may cancel this Agreement and close your account at any time. However, termination of the BLC Service does not terminate attorney-client relationships or obligations formed between any user and/or participating legal professional.
If you wish to terminate this Agreement or your account with the Service, you may simply discontinue using BLC. If you wish to delete your User account data, please contact BLC at support@bestlegalchoice.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
BLC May Terminate This Agreement. BLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
Termination of your relationship with BLC does not affect your relationship with any participating legal professional or client you have retained through the BLC Service. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of your relationship with BLC.
Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
WE DISCLAIM ANY AND ALL LIABILITY
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The user expressly agrees that use of the Website and any available service is at the user's sole risk. The Website and its services are provided on an "as is" and "as available" basis. BLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BLC makes no warranty that the Website or any service provided on or through the Website will meet user's requirements, that the Website and its services will be uninterrupted, timely, secure, or error-free; nor does BLC make any warranty as to the results that may be obtained from the use of the Website or any service offered thereon or as to the accuracy or reliability of any information obtained through the same or that defects in the software will be corrected. BLC makes no warranty regarding any goods or services purchased or information obtained through the Website or any service available on the Website or any transactions entered into through the Website or any service on the Website.
No advice or information, whether oral or written, obtained by the user from BLC shall create any warranty not expressly stated herein.
WE LIMIT ALL LIABILITY
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The user agrees that BLC shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Website or any service provided thereon or for cost of procurement of substitute goods and/or services or resulting from any goods and/or services purchased or obtained or messages received or transactions entered into through or from the Website or any service thereon or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if BLC has been advised of the possibility of such damages. The user further agrees that BLC shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Indemnification and Release - The User agrees that BLC is not responsible for any harm that use of this Website and any services made available therein may cause. The User agrees to indemnify, defend, and hold BLC, its parents and subsidiaries, agents, employees, officers, directors and shareholders, harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses due to or arising from or in connection with the contents or use of this Website and any services made available therein. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. BLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of BLC.
If you have a dispute with one or more Users, you hereby release BLC from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Modification of Terms of Use - BLC may amend this Agreement from time to time, and in BLC’s sole discretion. We will provide notification to Users of material changes to this Agreement (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (ii) through our Website at least 30 days prior to the change taking effect by posting a notice on our home page.
Non-material changes to this Agreement will take effect immediately. We encourage visitors to frequently check this page for any changes to this Agreement. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
Modifications and Interruption to Service
We reserve the right to modify or discontinue the website or any associated service with or without notice to the User. We shall not be liable to any User or any third party should we exercise our right to modify or discontinue the website or associated services. User acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Accuracy of Information
We do not warrant or represent that any information contained on the website or any associated service is accurate, reliable, complete or timely. We do not have any obligation to you or any third-party to update any information.
We make no warranties or representations whatsoever with regard to any product or service provided or offered by any third-party, and you acknowledge that any reliance on representations and warranties provided by any third-party shall be at your own risk.
You warrant that all use of the website (including any associated services) and all information provided by you, or by any person utilizing your computer or log-in information, shall (i) be accurate and complete, (ii) not infringe any intellectual property rights of any entity, (iii) not violate any applicable law or regulation, (iv) not constitute defamation of any entity, (iv) not be abusive or malicious, and (v) not violate any term or condition of this Agreement.
Miscellaneous -
Email Communications. We use email to stay in touch with our users.
Electronic Communications Required. You (i) consent to receive communications from BLC in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that BLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Legal Notice To BLC Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to BLC or any of our officers, employees, agents or representatives in any situation where notice to BLC is required by contract or any law or regulation.
Any written notice to BLC should be addressed as follows:
BestLegalChoice, 457 Paseo Del Descanso, Santa Barbara, CA 93105
If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state. These terms, including our Privacy Policy, are the complete agreement between us, and no other terms apply.
Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and BLC and any access to or use of the Website or the Service are governed by the laws of the State of California, without regard to conflict of law provisions. You and BLC agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Santa Barbara, California, except as provided otherwise in this Agreement.
Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of BLC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with BLC must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Non-Assignability. BLC may assign or delegate these Terms of Use and/or the BLC Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without BLC’s prior written consent, and any unauthorized assignment and delegation by you is void.
Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Complete Agreement. These Terms of Use, together with the Privacy Policy at https://www.BLC/privacypolicy, represent the complete and exclusive statement of the agreement between you and BLC. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and BLC relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized BLC executive, or by the posting by BLC of a revised version.
You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions.
BestLegalChoice is an online platform that provides a quick and easy way to connect individuals and businesses with attorneys and legal professionals at their sole discretion and based on their needs and preferences. We are not a law firm. We do not provide any legal services, legal advice or "lawyer referral services". We cannot and do not provide any legal representation.
© 2020 BestLegalChoice. All rights reserved.
