Effective: March 21, 2015
UnbundledAttorney.com is a website operated by Empowered Legal, LLC ("EL") d/b/a Unbundled Attorney that produces qualified leads for attorneys from potential clients seeking legal assistance ("EL Unbundled Attorney Services" or "Services"). Leads are qualified geographically and by area of law. An attorney or law firm ("Subscriber") using the service agrees to be bound by each of the following Terms of Service in addition to any additional written updates and agreements for marketing services delivered to Subscribers, including those posted to the EL UnbundledAttorney.com website (collectively, the "Agreement").
Parties to Agreement. This Agreement shall be by and between Subscriber, which may be an attorney or law firm, and Empowered Legal, LLC. d/b/a Unbundled Attorney ("EL") as well as any legal entities that own, are owned by, or are under partial or total common ownership with EL that service and/or operate the UnbundledAttorney.com site, its affiliated consumer websites, and any additional websites or domain name addresses used to market and provide EL Unbundled Attorney Services.
Eligibility. EL Unbundled Attorney Services are intended for licensed attorneys able to represent clients. By subscribing to EL Unbundled Attorney Services, Subscribers to the Services represent and warrant that they, or members of the subscribing firms, are licensed attorneys qualified to represent clients in the jurisdictions for which they request the Services. Further, Subscribers agree to discontinue use of, and cancel Services in accordance with this Agreement, should attorney cease or become disqualified from the practice of law.
Application for Service. Use of the Services is by application and subject to the approval of EL, which reserves the right to disapprove any application for any reason, including on the basis of attorney ratings or reviews, or based on existing subscribers in the jurisdiction requested by the applicant. Upon application approval by EL, Subscriber may "sign-up" for an ACCOUNT. EL reserves the right to refuse service to anyone, and also reserves the right to cancel Subscriber accounts without advance notice under the terms of this Agreement.
Leads. Leads are defined as valid contact information for a prospective client requiring service in the jurisdiction and legal area a Subscriber has requested. Leads are generated and delivered by (i) a prospective client either filling out an online form at an EL website or otherwise requesting information about Subscriber services via EL, and (ii) EL making said prospective client contact information, which may be a phone number and/or an email address, available to Subscriber by storing the client information in the Subscribers EL Unbundled Attorney Services application database account ("Subscriber Database"). While multiple methods notifying Subscriber of a Lead (such as email, SMS, and push notifications depending on Subscriber\'s Service Plan) may be offered by EL, each of these is considered supplemental to delivery of a Lead. Subscriber assumes all responsibility for monitoring the Subscriber Database and agrees that Lead delivery occurs, and a billable transaction is generated, on the date and time the contact information is stored in the Subscriber Database. EL agrees that all Leads delivered to Subscriber shall be exclusive to Subscriber, in that each lead generated by prospective clients entering information into an EL website will be delivered to only one Subscriber; it is noted that multiple requests for information by the same prospective client could result in more than a single subscriber receiving similar information. EL may contact Leads at any time, including after Subscriber has performed services for a Lead, for purposes which may include, without limitation, evaluation of EL and Subscriber services.
Accounts, Billing and Auto-Renewal. Subscriber will be billed according to Service Plan options offered by EL and agreed upon by Subscriber; such options shall comprise a term-based subscription fee and a generated-Lead fee ("Lead Base Cost"). Accounts are billed every 15-days, initiating at the date and time of initial "sign-up". All term-based subscription fees are billed in advance of the subscription term; fees associated with individual leads are billed in arrears of the Lead Delivery. All fees shall be automatically billed to the Subscriber\'s agreed upon payment method at the time of invoicing. If a Subscriber payment method fails, EL will attempt collection of payment three days after the first failed attempt. If the second attempt fails, Subscriber service will be de-activated, Subscriber will no longer receive new Leads, and Subscriber will no longer have access to Subscriber Database. Subscriber may reactivate service, and access to Subscriber Database, by supplying a new payment method and paying any and all outstanding fees. Upon expiration of a current Service Plan, this Agreement will automatically renew for an additional term of the same Service Plan at the then-prevailing Service Plan rate.
Change of Service. Should a Subscriber wish to downgrade a Service Plan from the Pro Plan to the Basic Plan, the Subscriber shall notify EL via a support ticket or via phone at least one full business day, defined as twenty-four (24) hours exclusive of weekends and holidays, prior to the end of the current term or initial trial period.
Cancellation. A Subscriber that does not want to renew the Agreement after expiration of the current Service Plan shall provide notice of non-renewal via a telephone call made by phoning the EL Customer Support Center at 800-230-5984 and speaking with a EL customer representative during EL business hours (M-F 9am-5pm Pacific Time, excluding holidays) at least three business (3) days prior to expiration of the Service Plan term. A SUBSCRIBER CANCELLATION NOTICE CANNOT BE GIVEN VIA EMAIL OR VOICEMAIL; EXCEPTED FROM THIS SHALL BE A VOICEMAIL REQUESTING THE CHANGE LEFT DURING A CALL MADE BY SUBSCRIBER TO THE EL CUSTOMER SERVICE CENTER DURING EL BUSINESS HOURS WHICH ROLLS TO VOICEMAIL, IN WHICH CASE THE NOTICE SHALL BE DEEMED EFFECTIVE THE EARLIER OF: (A) THE TIME AN EL CUSTOMER REPRESENTATIVE SPEAKS TO THE SUBSCRIBER AND CONFIRMS THE CANCELLATION, OR (B) IF THE SUBSCRIBER IS NOT CONTACTED BY AN EL CUSTOMER REPRESENTATIVE BY THE BUSINESS DAY AFTER THE DATE THE VOICEMAIL WAS LEFT, THE NEXT BUSINESS DAY FOLLOWING THE DATE WHEN THE VOICEMAIL WAS LEFT BY THE SUBSCRIBER. New Leads will not delivered to Subscriber Accounts that have been cancelled, even if there is time remaining on the Service Plan. If Subscriber is on a term-defined Service Plan, service will terminate on the last day of the current Service Plan period, at which time Subscriber Account and Subscriber Database will be deleted. Upon termination of service, Subscriber (i) relinquishes all claims to Subscriber Database, service availability, and any rights to declare Leads invalid, and (ii) forfeits any remaining account credit given by EL for invalid Leads or any other reason. No refunds will be given for unused account credit. Subscriber may request to reactivate a Subscriber Account after cancellation. Subject to existing subscriptions and in its sole discretion, EL may reactivate such account, but activation shall not occur until sixty (60) days after the cancellation request was made by Subscriber.
EL may cancel Subscriber service in the event of (a) Subscriber non-payment; (b) should EL discover a Subscriber is not properly licensed to offer legal services; (c) violation by Subscriber of this Agreement, including, without limitation, failure to adhere to the Limitation of Use section of this Agreement; (d) if Lead complaints about Subscriber deem Subscriber not to be suitable service provider for EL websites; (e) based on EL survey results of Leads and criteria developed by, and which may be confidential to, EL, including, without limitation, client opinions of service and the ability of Subscriber to adhere to terms consistent with EL service standards; or (f) subject to EL abilities to provide service, including Availability and Intellectual Property causes enumerated in this Agreement. Should EL terminate a Subscriber account or otherwise terminate its services, it shall cease billing the Subscriber after the billing period it terminates services, but will not refund or credit any remaining prepaid term of a Service Plan or account credits.
Refunds. EL Unbundled Attorney Services are prepaid and, in event of cancellation or termination of services by either party, no refund will be given for remaining time on Subscriber\'s current Service Plan term, and no refunds will be given for unused account credit.
Pricing and Bill Calculation. Subscriber bills are calculated as (i) the sum of the applicable Service Plan price for the following term, plus (ii) the accumulated price of Lead Base Costs for each unbilled lead that has been delivered to the Subscriber prior to the generation of the bill. Service Plan prices and individual Lead Base Costs are disclosed at the time of initial account creation. All fees are subject to periodic adjustments as disclosed to subscribers via notice, which may be provided electronically via the EL UnbundledAttorney.com website. Service Plan fees shall be fixed for the term of a subscription; all renewals shall be at the then-prevailing Service Plan rate. Lead Base Cost may change during a subscription term; Subscribers will be notified of changes to Lead Base Cost at least fourteen (14) days prior to the effective date of such changes. When Lead Base Cost is adjusted, Subscriber-specific adjustments to Lead Base Cost will be applied to the newly adjusted Lead Base Cost, then rounded to the nearest whole dollar amount to determine the new Subscriber-specific rate.
Invalid Leads. Unless otherwise agreed upon by Subscriber and EL, Subscriber will notify EL should Subscriber receive an invalid lead. EL\'s sole liability in the event of delivery of an invalid lead shall be to credit the Subscriber account for any fees associated with the invalid lead in instances where the Subscriber provided notice that a Lead is invalid within 14 days from the Delivery of the Lead to Subscriber Database. A Lead shall be classified as invalid if the Lead: (i) has a disconnected or invalid phone number and email address, (ii) is a duplicate of a Lead given to Subscriber within the previous 90 days, (iii) needs service in a jurisdiction not requested by Subscriber Service Plan preferences, (iv) requires service in an area of law not requested by Subscriber Service Plan preferences.
Once a Subscriber provides notice to EL that a Lead is invalid, the Lead will be deleted and removed from Subscriber Database, Subscriber will no longer have access to any of the Lead contact information, and, should the Lead be invalid for reasons (iii) or (iv) above, Subscriber agrees not to contact Lead or forward Lead contact information to any other party. Furthermore, the Lead becomes the property of EL and exclusivity to the Subscriber is retracted. EL will review leads deemed invalid by Subscriber, and shall determine, at its sole discretion, whether the Lead is invalid. If EL agrees a Lead is invalid, a credit will be posted to Subscriber Account; any such credits will be applied to the Lead fees of the next Subscriber invoice, will not be used to offset term-based subscription fees and will not be refunded in cash in any event, including Subscriber termination. If EL determines a Lead declared invalid by a Subscriber to be valid, or is able to correct any contact information deficiencies, the Lead will be re-instated in Subscriber Account and Subscriber will be charged for the Lead.
Expectation of Profit. Subscriber understands and agrees that not every Lead will result in a paying client. Subscriber also agrees that valid contact information from a client that has declared an interest in legal services and in the jurisdiction that Subscriber has requested constitutes a valid Lead. Subscriber also acknowledges and agrees EL assumes no responsibility for the inability or refusal of a Lead to hire or pay Subscriber or the Leads misidentification of his need for legal assistance.
Geographic Specification. Subscriber may remove geographic regions from Service Plan by phoning the EL Customer Support Center at 800-230-5984 and speaking with a EL customer representative during EL business hours (M-F 9am-5pm Pacific Time, excluding holidays). SUBSCRIBER GEOGRAPHIC REGION CHANGES CANNOT BE CONFIRMED VIA EMAIL OR VOICEMAIL; EXCEPTED FROM THIS SHALL BE A VOICEMAIL REQUESTING THE CHANGE LEFT DURING A CALL MADE BY SUBSCRIBER TO THE EL CUSTOMER SERVICE CENTER DURING EL BUSINESS HOURS WHICH ROLLS TO VOICEMAIL, IN WHICH CASE THE NOTICE SHALL BE DEEMED EFFECTIVE THE EARLIER OF: (A) THE TIME AN EL CUSTOMER REPRESENTATIVE SPEAKS TO THE SUBSCRIBER AND CONFIRMS THE CHANGE, OR (B) IF THE SUBSCRIBER IS NOT CONTACTED BY AN EL CUSTOMER REPRESENTATIVE BY THE BUSINESS DAY AFTER THE DATE THE VOICEMAIL WAS LEFT, THE END OF THE NEXT BUSINESS DAY FOLLOWING THE DATE WHEN THE VOICEMAIL WAS LEFT BY THE SUBSCRIBER. Subscriber may request to add regions to their coverage areas at any time using the same telephone support procedure, but such additional areas are subject to availability and EL approval. EL shall have four (4) business days to implement changes to geographic regions.
Password and Subscriber Database Confidentiality. Subscribers are entirely responsible for maintaining the confidentiality of passwords, and are solely and fully responsible for any and all activities that occur using their Subscriber Database. Subscribers agree not to use or attempt to access the account, username, password or Subscriber Database of other Subscribers at any time and also agree not to disclose account information, data or Leads to any third party.
Limitation of Use. Subscribers agree to use EL Unbundled Attorney Services in a manner in compliance with all applicable laws and rules of professional conduct, as defined by their bar membership, including, without limitation, those concerning the unauthorized practice of law, representation of legal specialization, advertising, and the form, manner and content of communication with clients or prospective clients. Subscribers also agree to use Lead information for the sole purpose of establishing an attorney-client relationship in a manner consistent with the request of the prospective client. Subscribers further agree not to: (i) sell, resell, or share Lead or account information with third parties; (ii) use Lead email addresses for transmission of unsolicited emails sent by Subscriber or third parties; (iii) create derivative works of, reverse engineer, copy functions or features, or use Subscriber services to create products or services competitive with EL websites; (iv) or take any action that interferes with the proper working of, or places an unreasonable load on, EL infrastructure, including but not limited to attempts to gain unauthorized access to Subscriber or other subscriber accounts, stress testing, or transmission or activation of computer viruses.
Data Retention. Subscriber Database information, including, without limitation, Leads, invoices, and notes, are guaranteed to be available for 90-days after the date of delivery if the Subscriber subscription is active. Information older than this will be archived or deleted at EL\'s discretion. Subscriber is encouraged to use the Subscriber Database export tool regularly if information is desired for use beyond the Subscriber Database.
Service Commitment and Term. Subscriber agrees to receive Leads in the agreed-upon jurisdiction without interruption during the agreed-upon term of the Service Plan. Subscriber recognizes there is no option to pause or temporarily suspend Lead delivery or a Service Plan, Lead Volume cannot be capped or otherwise limited, nor a guarantee made to deliver or limit Leads to a Subscriber-specific number during any period of time.
Features and Third-Party APIs. EL may, but is under no obligation to, periodically update and revise its website and platform. Such updates and revisions may change the look, functionality and behavior of the website and its access applications. Nothing in this Agreement prohibits such changes unless the change materially impacts the ability for the Subscriber to receive Leads. EL may also introduce features and Service Plans that offer new or enhanced functions for an additional price; existing Subscribers will not be entitled to such services without additional payment. Additionally, some Service Plans offer features which integration with third-party services via APIs. EL is not responsible for or otherwise liable for the availability of these services. If a third-party service is down or the Subscriber account with said third-party is inactive, data may fail to be posted to the third-party service. No refunds or credits will be given due to any issues arising from third-party APIs.
Availability. EL will make commercially reasonable efforts to make its services continuously available, subject to planned downtime to perform maintenance or upgrades, or acts of war, hostility, terrorism, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by EL; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of EL.
Intellectual Property. Unbundled Attorney, Unbundled Legal Help and associated logos are trademarks of EL. Subscribers agree not to copy, reverse engineer or otherwise replicate the EL websites or its intellectual property. All suggestions, enhancement requests, feedback, recommendations or other input provided by Subscribers or other parties relating to EL services shall be owned by EL, and Subscriber hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. Any rights not expressly granted herein are reserved by EL. EL will remove any content that infringes the copyright rights of others upon receipt of proper notification to EL by the copyright owner. If you believe that your work has been copied and posted on an EL website in a manner that constitutes copyright infringement, please provide our Copyright Agent a signed declaration with the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the website; (iii) your address, telephone number, and email address; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement made under penalty of perjury that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf. EL\'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Empowered Legal, LLC, 1500 Palma Dr, Ste 295, Ventura CA 93003.
Some Subscriber services may require the use of client software, including apps for mobile devices, which may update automatically; you agree all terms of the original download will apply to updates, and all active Subscribers are granted a limited, non-exclusive, non-transferable, revocable license to use such software solely to access Subscriber services. To the extent any component of the Software may be offered under an open source license, EL will make that license available to the Subscriber and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Should any EL site found to be infringing the intellectual property of a third party, EL may limit services, discontinue infringing services, provide similar but non-infringing features without notice to Subscribers, or terminate services in accordance with this Agreement.
Disclaimers. Users agree to indemnify and otherwise hold harmless EL, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from use of EL websites, use of its materials or any other matter relating to EL Unbundled Attorney Services. Any transactions which may arise between Subscribers and Leads are the sole responsibility of the Subscriber and Lead involved. EL does not guarantee or promise any specific results from use of EL Unbundled Attorney Services, and is not responsible for any incorrect or inaccurate content posted on EL websites, Subscriber Databases, provided by potential clients or otherwise provided in connection with EL services. EL is not responsible for the conduct of any Subscriber or Lead. Nothing herein obligates to provide service or support to enable use of EL services on non-EL hardware or through non-EL software. EL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication via its website, nor is it responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of EL websites or any combination thereof, including any injury or damage to any computer or mobile device related to or resulting from participation or downloading materials. Under no circumstances shall EL be responsible for any loss or damage resulting from use of or subscription to any EL website or from any content provided from or posted thereon. Use of EL websites is at the risk of the users; EL provides its services "as is" and as available and expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. IN NO EVENT SHALL EL BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF EL FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO EL FOR EL SERVICES DURING THE SIX MONTHS PRIOR TO THE DAMAGE.
Indemnification. Subscriber agrees to defend, indemnify and hold harmless EL, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys\' fees) arising out of or related to any services Subscriber provides to Leads, or Subscriber use of or inability to use EL Unbundled Attorney Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the Subscriber Database, Subscriber conduct, Subscriber violation of these Terms or Subscriber violation of the rights of any third party.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles, and users agree that any disputes arising shall be subject to arbitration, with the arbitrator selected by EL, and that such arbitration shall take place in Ventura, California. At its sole option, EL may select to enforce this Agreement in the Federal or State Courts of Ventura, California.
Entire Agreement. The current version of this Terms of Service Agreement constitutes the entire agreement between Subscriber and EL and governs use of EL Unbundled Attorney Services, superseding any prior agreements between Subscriber and EL. This Agreement may be updated or modified at any time by EL posting a current version of the Terms of Service agreement at https://www.unbundledattorney.com/pages/terms-service. Should EL determine, at its sole discretion, the modification materially affects Subscriber rights, it will also provide Subscribers with notification of the change. By using or continuing to use or access EL Unbundled Attorney Services after any revisions have come into effect, Subscriber agrees to be bound by the revised Agreement. The section titles of this Agreement are for convenience and have no legal effect. Except as expressly provided, there shall be no third party beneficiaries to this Agreement.
Waiver, Severability & Assignment. EL\'s failure to enforce a provision of this Agreement does not constitute a waiver of its right or a waiver of any other provision. If any provision of this Agreement is found unenforceable, the remaining will remain in full effect and an enforceable term or terms will be substituted reflecting its intent as closely as possible. Subscriber may not assign any of its rights or otherwise transfer or assign its Subscriber Account under this Agreement, and any attempt to do so will be void and result in immediate termination of the account without notice. EL may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the EL Unbundled Attorney Services.
Questions & Contact Information. If you have any question regarding the use of the Site, please refer first to the Support Knowledge Base. All other questions or comments about the website, its contents or your subscription, or its contents may be initiated via a support ticket or by contacting EL Customer Service.