Effective January 8, 2019
1. User’s Acknowledgement and Acceptance of Terms
Please read these Terms carefully. They are legally binding terms and conditions governing your access and use of the site and its mobile counterpart. If you do not agree to abide by these Terms, do not use or access our site.
2. Legal Notices and Disclaimers
(A) Not a Law Firm. BizCounsel is not a law firm and may not perform services performed by an attorney. At no time do we apply the law to the facts of your particular situation.
(B) No attorney-client relationship through site use, form submission, or call. No attorney-client relationship between you and us or legal plan law firms (“Provider Law Firms”) is or may be created by your access or use of the website, the information contained on it, submitting a form, or otherwise contacting us.
(B) No Expectation of Confidentiality. Our site includes a submission form and phone number through which you can request that we contact you. Please note that any information you voluntarily submit through the website, phone, chat, email, or otherwise to BizCounsel may not be considered confidential or privileged and may be subject to disclosure, as required by law. Please do not send us any confidential information about any matter that may involve you or your business. Please only disclose such information with a Provider Law Firm pursuant to a written agreement between you and the Provider Law Firm.
(C) Do Not Rely on the Information Contained on this site. The information provided on the website is general in nature and does not apply to any particular situation, whether it be factual, legal, financial, insurance, or otherwise. Although we strive to keep the content on the website relevant and useful, laws are often changing, and we cannot guarantee that all of the content is complete, accurate, or current. As such, you should not rely on any information on our website, and should seek professional advice.
(D) Please note that bloggers on behalf of the Company may be compensated. Some photos on the website are of models and not of clients or Provider Law Firm personnel and may be simulations. Services performed by a Provider Law Firm may be performed by professionals other than those pictured.
(E) Use of Term “Client.” The term “client,” as used on the Site or in other communications in reference to your participation as a member of a BizCounsel legal plan means that by purchasing a plan from BizCounsel you are a business client of BizCounsel, not a client in an attorney-client relationship. Such a term is not intended to state or imply that BizCounsel engages in the practice of law, has formed or represents you in an attorney-client relationship or otherwise provides legal services. The only way to become a If you retain the services of an attorney through a BizCounsel legal plan by signing an engagement agreement with a Provider Law Firm.
3. Links to Third Party Sites; Third party offers
We work with partners and affiliates whose websites are linked with our site and controlled by parties other than us (each a “Third-Party Site“). We are not responsible for and do not endorse the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those sites. We do not guarantee the content or quality of the products or services provided by Third-Party Sites. If you have purchased a package that includes a Third-Party Service, the third party may contact you by email or phone with instructions on how to access your benefits, and you may be required to accept additional terms that are located on the Third-Party Site.
4. Additional Terms
BY USING OUR SERVICES OR ACCESSING OUR SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US THROUGH OUR SITE CONSTITUTES AN INQUIRY TO BIZCOUNSEL, AND THAT WE MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
6. Content Ownership & Limited License
The website and the content contained on it is owned or controlled by the Company and certain other agents, third parties, or affiliates. Such content includes, but is not limited to all information, text, data, files, images, scripts, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the website, and the compilation, assembly, and arrangement of the materials of the website and any and all copyrightable material, as well as trademarks, logos, trade names, service marks, and trade identities of various parties, including those of the Company. All right, title, and interest in and to the content available through the website is the property of the Company or our licensors or certain other third parties. Subject to your strict compliance with these Terms, you are granted a non-exclusive, revocable, non-assignable, and nontransferable license to display, view, use, or play the content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a device solely for your personal, informational, noncommercial purposes only. Except as expressly provided herein, no part of the website, including, but not limited to, content retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
7. Use Restrictions
(A) Website & Service Use Restrictions. You agree to use this site and services solely for your business’ use and to not disseminate any product or services to another person or entity. You agree further that you will not engage in any activity that interferes with the site, its operation, security, or attempt to reverse engineer, decompile, disassemble, or modify any of the website’s source or object code or any software or other products, website, or processes accessible through any portion of the website.
(B) Content Use Restrictions. You also agree that you will not monitor, gather, copy, or distribute website content (except as may be a result of standard search engine activity or use of a standard browser) on the website by using any ‘bot’ or similar tool, or manual process of any kind. You agree that you will not modify any website content, keep intact all trademark, copyright, and other intellectual property notices concerning any content on the site and will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, websites, or brands.
(C) Availability of Website and Content. We may immediately suspend or terminate the availability of the website and any content available on it, in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.
8. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
9. Governing Law
These Terms are to be governed by and construed in accordance with the laws of the state of California, United States, without regard to choice of law principles.
10. Arbitration and Class Action Waiver
(A) Consent to Arbitration. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Los Angeles, California, before a single arbitrator under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(B) Venue. Except to the extent that arbitration is required in subsection (A) of this section, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute arising under this agreement may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
(C) Injunctive Relief. The provisions of subsections (A) and (B) of this section will not apply to any legal action taken by the Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website, any content, or the Company’s intellectual property rights (including such that we may claim that may be in dispute), or the Company’s operations.
(D) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
11. LIMITATIONS OF OUR LIABILITY
IN NO EVENT SHALL WE OR OUR AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, SITE PERFORMANCE, SITE SECURITY, ERRORS OR OMMISSIONS IN THE SITE’S TECHNICAL OPERATION, DISCLOSURES OF ANY PERSONAL INFORMATION SUBMITTED THROUGH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE CONSEQUENCES WERE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.
12. Questions and Customer Service
If you have a question regarding using our website, you may contact us by email at email@example.com.
13. Policy Updates
The Terms provided herein may be revised at any time by updating this page. By using the website, you agree to be bound by any such revisions. Users of the website are encouraged to check this document frequently to stay informed of the website’s Terms.
Upon request, you agree to defend, indemnify, and hold harmless, us, our agents and affiliates from all liabilities, claims, expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the exclusive right to settle, compromise, and pay claims or losses resulting from your use or misuse of our site and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. In any event, you agree to not settle any claims without the prior written consent.
If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.
(A) International Disclaimer. The Company controls and operates the website from its U.S.-based office(s), and the Company makes no representation that the website are appropriate or available for use beyond the United States. If you use the website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content.
(B) Interpretation. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law theory that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.”
(C) Communications. When you communicate with us electronically, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(D) Assignment. The Company may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of the Company.
(E) No Waiver. No failure or delay by the Company in exercising any of its rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy.