Terms of Service, Legal Plan Contract, and Supplemental Terms of Service for Subscriptions
This is a contract between us, Subscription Law LLC (the “Company”) and you, (the “Member”), for the Legal Plan services described below, including the Personal Plan and the Business Plan (and collectively referred to as the “Legal Plans”). In addition to the Subscription Law LLC Terms of Use, that govern your use of the Subscription Law website, and Subscription Law Terms of Service, this contract (the “Contract”) constitutes a legal agreement between you and the Company detailing the terms of your use of the Legal Plans. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan membership
By paying the membership fee and abiding by the terms of this Contract, the following services (“Services”) are available to the Member (“Member”) either individually under the Personal Plan, or the business entity under the Business Plan. The Services will be provided by licensed, practicing attorneys. This Contract covers domestic legal matters within Minnesota and/or North Dakota. Matters involving foreign law will potentially be provided at the discretion of the Company. Should the Member’s principal business location change states, the Company must be notified.
THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
Any reference to “Contract” refers to this Contract between the Member and the Company. All services under this Contract are part of and are subject to the General Provisions. Please refer to the General Provisions and other sections of this Contract for the definition of capitalized terms.
LEGAL CONSULTATION
As a member of subscriptionLaw you have the unique ability to have unlimited thirty (30) minute consultation on new legal issues. Consultations with attorneys must take place during normal business hours via telephone (or in-person at the attorney’s discretion), of up to one half (1/2) hour each, limited to one consultation per Plan for each new legal matter.
DOCUMENT AND CONTRACT REVIEW
The attorney may review an unlimited number of documents (up to ten (10) pages per legal issue). Additionally, the Member must be a contracting party or be a party to the document. The Member shall provide a copy of the document to be reviewed and retain the original. The attorney will review the document and advise the Member by telephone or electronic mail consultation on any areas of concern and the legal implications of those provisions and their conformity to state and federal law. This document review does not include review of documents relating to court proceedings or lawsuits. The attorney may require additional documents and other written authorizations as necessary before proceeding with Services as part of this section.
LEGAL DOCUMENT LIBRARY
The Member may have access to the Company’s Legal Document Library. The Company is not responsible for any loss, injury, claim, liability, or damage related to Member’s use of this site and its library. Although the Company takes every reasonable effort to ensure that the information on our website and documents are up-to-date and legally sufficient, the legal information on this site is not legal advice and is not guaranteed to be correct, complete, or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, the Company cannot guarantee that all the information on the site is completely current. The law is a personal matter, and no general information or legal tool like the kind the Company provides can fit every circumstance.
PREFERRED DISCOUNT
During the term of the Contract, a Member may use the attorney for legal matters not otherwise provided. The Member will be entitled to a 20% discount for the Personal Plan or a 25% discount for the Business Plan of the attorney’s standard hourly rate subject to professional judgment and a separate Attorney-Client Contract. All legal services, within, or outside of this membership, that are required within seventy-two hours will be just to the attorney’s hourly corporate rate. This discount does not apply to contingency fee matters and costs or expenses related to any legal representation.
GENERAL PROVISIONS
A. Designated Agent: The Member shall designate, in writing, one spokesperson to communicate with the Company. The Designated Agent must be employees, owners, partners, or officers. The Designated Agent must have authority to legally bind the Member. In the event a Designated Agent is no longer associated with the Member for any reason, it shall be the Member’s responsibility to notify the Company. If the formerly Designated Agent was responsible for communicating with the Company concerning an on-going legal matter, the Member should also advise the Company. If the Company is not made aware of Designated Agent changes, the Company nor the attorney are not responsible for any legal issue that may result.
B. Availability of Services: For any matter involving both the Member and an owner or Designated Agent, only the Member may be entitled to Services. The Member is entitled to the Services outlined in this Contract only to the extent such Services are available and permitted by the laws of the state having jurisdiction over the legal matter.
C. Entire Agreement: This Contract and the Member’s application shall constitute the entire contract between the parties.
D. The Company: The Company is Subscription Law LLC, who has contracted with licensed attorneys (“attorney”) to provide the Services described in this Contract.
E. Native American Legal Issues Exclusion: Native American legal issues are excluded from Services. Such issues include legal matters before federal, tribal and/or state courts, administrative bodies, arbitration panels or arbitrators, tribunals and/or hearing panels, judges, or officers.
F. Membership Term: The Membership Term shall be defined as the period of time beginning on the Effective Date of the Contract, extending for a period of one month or one year, respectively, and each paid month period thereafter.
G. General Exclusions: The following items are specifically excluded from this Contract and shall not be interpreted as included Services under any provision of this Contract:
1. Any matter, issue, consultation, action, proceeding or dispute between the Member and any owner of the business.
2. Any issue which raises or could raise a conflict between any owner or Designated Agent and the Member or any issue between any owner and any Designated Agent which affects the Member.
3. Fines, court costs, filing fees, ad litem fees, penalties, expert witness fees, bonds, bail bonds and out-of-pocket expenses.
4. Any person or entity who initiates or participates in a lawsuit against the Company or any of its subsidiaries, or affiliates, or is named as a defendant or respondent in a lawsuit initiated by the Company or any of its subsidiaries or affiliates, shall be specifically excluded from receiving any of the legal services under any section of this Contract, during the pendency of such lawsuit or until its resolution.
5. Any matter, issue, consultation, action, proceeding, lawsuit or dispute between the Member and the Company or the Member and the Company.
6. Any matter which the Company determines is resolved or has been raised an unreasonable number of times without substantial change of circumstance.
H. Client-Attorney Relationship: No client-attorney relationship will be formed between the Member and the attorney absent a formal conflict of interest check done by the attorney.
I. Client-Attorney Contract and Representation: Any Services which require payment of anticipated costs shall be subject to the terms of an Client-Attorney Contract. This Client-Attorney Contract is to be agreed upon by the Member and the attorney prior to the time Services are rendered. All retainers and anticipated costs to be incurred shall be the sole discretion of the attorney. When applicable, eligibility for receipt of Services under the Contract is contingent upon payment of such retainers and anticipated costs prior to commencement of legal representation. All Services and legal representation will be limited to those available under this Contract and the attorney has no duty or relationship beyond the specified Services.
J. Legal Forms Library: If you have purchased a package that includes access to the legal forms library, the following provisions apply to you:
K. The Attorney’s Professional Judgment: The Company reserves the right to accept or refuse membership in our discretion. You may not transfer or assign your Legal Plan or these benefits. It is the sole discretion of the attorney to determine whether claims or defenses pertaining to any matter under any Service of this Contract present frivolous or otherwise unmeritorious claims or defenses. This includes decisions on contingency cases or to appeal any judgment or decision. The attorney reserves the right to make independent professional judgments. The attorney may decline any subsequent legal representation or enrollment if the exercise of independent professional judgment on behalf of Member is likely to be adversely affected by the acceptance of the offered representation or enrollment.
L. Cancellation of Contract: After you have received this Contract, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Contract, you may return the Contract to us and have any prepaid amounts refunded. If the Contract is returned and you have not sought legal services pursuant hereto within this time period, the Contract shall be void from the beginning and the parties shall be in the same position as if this Contract had not been issued. The Company may cancel this Contract at any time for fraud, for non-payment of membership fees, or if the Company determines, in our Professional Judgment, the Member is unable, unwilling, or incapable of accepting or understanding legal advice and services. The Company may also cancel this Contract for any reason whatsoever by giving the Member written notice. The Member may cancel the Contract at any time by giving a thirty (30) day written notice to the Company. All Services will automatically terminate at the end of the notice period.
M. Suspended Accounts: If the Company encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that the Company, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that the Company disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside the Company, including me or any authorized contact, until the investigation is complete. Additionally, I understand that the Company, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that the Company will not be liable for any delays caused by these policies and procedures.
N. Arbitration Agreement:
(a) The Company and the Member agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms. For the purposes of this Arbitration Agreement, references to the “Company”, the “Member” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, the Member and the Company are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to subscriptionLaw should be addressed to: 8101 34th Ave. S., Suite #340, Bloomington, MN 55425 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If subscriptionLaw and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or subscriptionLaw may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or the Member shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the Member or the Company is entitled.
(c) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. THE MEMBER AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.
(d) All disputes or claims relating to the Company; this Contract; any Company products or services; any claims or causes of action between the Member, the Company, and any of the Company’s officers, directors, employees or affiliates; whether in tort or contract, shall be settled by arbitration according to the Commercial Arbitration Rules of the American Arbitration Association, located in Hennepin County, Minnesota, including the optional rules for emergency measures of protection. If the Member files a claim or counterclaim against the Company or any of its officers, directors, employees or affiliates in any such arbitration, it may do so only on an individual basis and not with any other Member or as part of a class action.
O. Mutual Cooperation: The Member shall cooperate with the attorney for the effective provision of legal services and at all times conduct the relationship with professionalism and mutual respect.
P. Reinstatement Procedure: The Member may seek to reinstate this Contract after cancellation if the contract is still offered by the Company. The Company, at its sole discretion, may reinstate this Contract upon payment by the Member of the appropriate fee. The Effective Date of the reinstatement and availability of Services shall be the date the reinstatement is accepted and processed by the Company. Services are not available for any act or occurrence during the lapse period.
Q. Price & Payment: As consideration for the Services by the Company, the price for the Services is $55.00 or 95.00 (“Price”) per month, payable in six or twelve month installments, depending on the plan. The Member agrees to pay the Price to the Company on a recurring basis. Member agrees that all payments made will not be held in trust and will be immediately available to the Company. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. The Company is not obligated to provide notice of any renewal. For each Legal Plan, your charge remains for each term no matter if you utilize any of the plan services during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED.
You must provide valid credit card information at the time of purchase to allow payment for the initial Membership Term of a Subscription. For any automatically renewing Subscriptions, your Subscription will renew at the end of the initial Membership Term (the “Billing Date”) and at the end of each successive Membership Term, until you notify us that you want to terminate your Subscription under these Subscription Terms or your Subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your Subscription on your Billing Date. Unless the Company otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the Subscription. The Company may obtain automatic updates for any expiring credit cards you have provided.
R. Change in Fees: The Company reserves the right to change the established membership fee for this membership. Changes in the membership fee will only occur after the current payment period has expired. Should the membership fee be changed, the Member will be given a thirty (30) day notice.
S. Change in Services: Should the Member desire to change Service Plan during the Membership Period, the Member shall provide written notice to the Company. Changes in the Membership Plan and/or Services will only occur after the current payment period has expired.
T. Severability: If any provision of this Contract is deemed invalid or unenforceable in any respect, such provision shall be, to the extent possible, reformed to make it effective. If any provision is deemed invalid and incapable of being reformed, it shall not impact the validity and enforceability of all other provisions of this Contract, which shall remain valid and enforceable.
U. Force Majeure: The Company shall not be considered in breach of or default under these Terms of Service or any contract with the Member, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, The Company may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
V. Right to Refuse: I acknowledge that the Company and attorney reserve the right to refuse service to anyone.
W. Responsibility for Misuse: You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your Subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit the licenses you have been granted with your Subscription, or content or source code in your Subscription.
You are responsible for all expenses incurred or other actions that may occur through your use of a Subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious use of a Subscription or Subscription benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
X. Subrogation: If the Company makes a payment under this Contract and the person to or for whom payment was made has a right to recover damages from another, the Company shall be subrogated to that right.
Y. Release of Information: Any Member, directly or by survey, submitting to the Company complaints about or inquiries concerning the Company’s services, authorizes the Company to disclose to the Company any and all communications between the Member and the Company, including privileged and confidential information, in order to respond to such complaints or questions.
Z. Adequate and Timely Notice: To be entitled to receive services under this Contract, the Member must submit to the attorney adequate facts and documents in a timely manner in order to allow an attorney time to review the facts and documents, enter into a retainer agreement with the Member when appropriate, and provide legal assistance as required by this Contract. Failure to timely submit adequate documents and facts to the attorney shall render any obligation of the attorney to enter an appearance in the matter, or to provide any other services, null and void.
I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service, Legal Plan Contract, and Supplemental Terms of Service for Subscriptions.