LegalFix Terms of Service
Effective October 4, 2024
LegalFix offers legal insurance—also known as legal insurance plans or legal plans (LegalFix Legal Plan)—and free legal information (LegalFix Free Information).
This Document Is a Legally Binding Agreement
This Terms of Service Agreement (Agreement) is a legally binding contract or agreement between you (you, your) and BookLawyer, LLC, d/b/a LegalFix (LegalFix, we, our).
This Agreement contains the terms and conditions under which you may access and use the website, content, and information tools at www.legalfix.com (the Site or LegalFix Site), including the legal insurance plans (LegalFix Legal Plans).
The LegalFix Legal Plans are also governed by our Member Contract that is available for your review at checkout.
By clicking the “I agree” button on the banner near the bottom of the Site or continuing to browse or use the Site—you agree to be bound by the terms and conditions of this Agreement.
By accessing or using the Site you also agree to the collection and use of your personal information, as described in the LegalFix Privacy Policy—which is incorporated by reference in this Agreement.
Arbitration Notice
Except for individual claims that may be filed and maintained in small claims court as provided in section 18 below, this Agreement requires all disputes between you and LegalFix (including its officers, directors, employees, agents, contractors, parents, affiliates, successors, and other companies under common control with us) to be resolved by binding arbitration on an individual basis, rather than by jury trials and class action proceedings.
This Agreement also limits the remedies available to you in the event of a dispute. Please read the entire Agreement carefully.
Different Types of Accounts
We may provide different types of accounts for different types of users of the LegalFix Site. For example, if you create an account on behalf of a company or other organization or entity, the definition and use of the words “you” and “your” in this Agreement will include you individually, and the company, organization, or entity on whose behalf you are creating the account.
If you create an account on behalf of a company or other organization or entity, you represent and warrant that you are an authorized representative of such entity; that you have actual authority to enter into this binding Agreement on behalf of such entity; and that you agree to the terms of this Agreement on behalf of such entity.
You Agree to Provide Complete and Accurate Information
You agree to provide complete and accurate information in connection with your purchase of a LegalFix Legal Plan. You understand that the failure to do so may result in the suspension or termination of your account and LegalFix Legal Plan.
You further agree to maintain the accuracy of such information on the Account Management page on the Site.
1. Your Use of LegalFix
a. Limited Free Access for Nonmembers
Subject to the terms and conditions of this Agreement, as a nonmember (with no LegalFix Legal Plan), you are granted a non-exclusive, non-transferable, freely revocable, limited license to use the features of the LegalFix Site that are accessible on the Site without a LegalFix Legal Plan.
LegalFix may terminate this license at any time and for any reason, or for no reason. LegalFix may also remove or limit access to some or all features of the Site that were previously accessible to nonmembers, without prior notice.
b. Limitations on Access and Use of LegalFix Site
Limitations on Access
In addition to any other available contractual, legal, or equitable remedies, we may revoke, suspend, or terminate your account and access to all or any part of the LegalFix Site upon any violation or suspected violation of this Agreement, without prior notice.
You agree not to access or attempt to access any part of the LegalFix Site to which you are not authorized by free public access or with a LegalFix Legal Plan. And you agree not to circumvent or attempt to circumvent any access restrictions or controls, whether by hacking or other means.
You agree not to disclose your login information to anyone and understand and agree that you are responsible for anyone who improperly uses your login information to gain access to the LegalFix Site.
The LegalFix Site may only be used for lawful purposes, and only by persons who are 13 years of age or older. By accessing the Site or using the LegalFix Free Information you represent that you are 13 years of age or older.
Limitations on Use
By using all or any part of the LegalFix Site you agree not to engage in any of the following prohibited activities:
· bulk downloading or automatic scraping of the data or materials on the Site;
· any action that places or may place an unreasonable or disproportionately large load on the Site’s infrastructure, as determined in our sole discretion;
· using any automated system to access the LegalFix Site in a way that sends more request messages to LegalFix’s servers than a human user can reasonably generate in the same amount of time by using a conventional online web browser. But LegalFix does grant the operators of public search engines permission to use spiders to copy certain materials from the LegalFix Site for the sole purpose of creating searchable indices of such materials and making such indices available to the public. LegalFix reserves the right to restrict the content that public search engines are able to copy or index, and to revoke all or part of that right at any time;
· bypass the measures LegalFix may use to prevent or restrict access, use, or copying of the LegalFix Site; or
· reverse-engineer, decompile, disassemble, or otherwise attempt to discern the source code of the components of the Site, or attempt to reproduce all or any portion of the components of the Site.
c. Prohibited Activities
By using the LegalFix Site, you agree that you will not upload any content or engage in any behavior that:
· violates the intellectual property (copyright, trademark) or other ownership rights of any person or entity;
· discloses the trade secrets or confidential information of another person or entity without their permission;
· is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, unprofessional, or violates any law or standard of decency;
· violates a person’s privacy rights, including confidential health information; nonpublic contact information, such as telephone number, e-mail address, or street address; and personally-identifying information such as credit card numbers and social security numbers;
· contains information that is illegal to disclose, such as insider information, private disciplinary actions, or confidential settlement matters;
· contains a virus, worm, time bomb, Trojan horse, phishing scam, or other malicious or fraudulent computer program intended to interfere with, damage, intercept, disable, hijack, seize, or expropriate any system, data, security, server, network, or information;
· uses affiliate marketing techniques, malicious code, spam, deceptive tags or links, or other deceptive means designed to mislead others or obscure the true intent or purpose of the content;
· automatically (programmatically or otherwise) registers accounts or uses the LegalFix Site;
· might harm or exploit minor children by exposing them to inappropriate content, asking for personally identifying information, or other inappropriate interactions and communications.
We reserve the right to remove any content that violates these rules, and to block the IP addresses of users who upload prohibited content. We reserve the right to suspend any account for any reason, without prior notice.
We do not make such decisions lightly, but will take such actions when we, in our sole discretion, believe them necessary to protect the LegalFix Site, our users, and related interests.
We reserve the right to enforce or not to enforce these policies, and these policies do not create a duty or contractual obligation for us to take any particular action, or not to take any particular action. Our decision to take an action or not to take an action will not be a basis of liability for LegalFix.
d. All Members Must Use Their Real Names and Identities
If you purchase a LegalFix Legal Plan, you must provide LegalFix with accurate information in the purchase process, including your real name and e-mail address.
We reserve the right to deny your access to the Site at any time, and without notice—including after you have begun to access and use the Site.
For example, if we suspect a user has provided information that is inaccurate, deceptive, fraudulent, or designed to hide the user’s identity or intent, we may deny or terminate access to the Site and your LegalFix Legal Plan(s).
You are solely responsible for maintaining the security and confidentiality of your LegalFix Site account information, including your password.
You are also responsible for all access to and use of the LegalFix Site through your account or login information, including any access and use by third parties who gain access with or without your permission, and with or without your knowledge.
You agree to notify us immediately if you suspect any unauthorized use of your account; any breach of the security of your account; and any breach or unauthorized use of the LegalFix Site through your account and login information. LegalFix will not be liable for any unauthorized use of your account.
2. Ownership of Site Content
Except for the limited license granted in this Agreement, all right, title, and interest in the LegalFix Site, in all languages, formats, and media throughout the world, including all copyrights and trademarks, are and will continue to be the exclusive property of LegalFix.
The content on the Site—including the articles, legal topic summaries, text, video, graphic images, logos, tools, and features—are protected under United States and international copyright, trademark, and other intellectual property laws, and are the exclusive property of LegalFix.
Such content may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, rented, redistributed, publicly displayed, publicly performed, adapted, edited, or used to create derivative works in any way without the prior written permission of LegalFix.
The LegalFix name and the elephant logo that appear on the Site are trademarks of LegalFix.
But LegalFix claims no ownership interest in the text of the statutes, rules, regulations, and other primary legal materials on the LegalFix Site.
We appreciate your feedback, comments, and suggestions, but all rights, title, ownership, and intellectual property regarding ideas, concepts, suggestions, business models, or other information you provide will become the exclusive property of LegalFix, and may be used by us without any payment, accounting, remuneration, or attribution to you.
The hyperlinks on the Site that are linked to other websites and the URLs (web addresses) provided for your reference do not suggest any affiliation or special relationship with those entities or websites and LegalFix does not warrant the accuracy, completeness, or reliability of the related products, services, and information on those websites—they are provided only for your reference and convenience.
3. LegalFix Free Information is Not Legal, Tax, or Accounting Advice
All freely accessible information on the LegalFix Site is for general information purposes only and is not legal, tax, or accounting advice. Thus, the LegalFix Free Information should not be used as legal, tax, or accounting advice.
If you want legal, tax, financial, or accounting advice—and the confidentiality that goes with it—you should purchase a LegalFix Legal Plan on the Site.
LegalFix is not a law firm and the LegalFix Free Information is not a substitute for a lawyer or law firm and a telephone or private video consultation with a lawyer licensed to practice law in your jurisdiction (state).
LegalFix cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, strategies, facts, law, or selection of documents or forms—only the licensed attorneys available through a LegalFix Legal Plan may do those things.
Communications between you and LegalFix are protected as explained in our Privacy Policy but are not protected by the attorney-client privilege or as attorney work product.
By using the LegalFix Site, you indicate your understanding and agreement that LegalFix is not engaging in the practice of law on or through the LegalFix Site, and that no LegalFix Free Information available on or through the LegalFix Site constitutes legal advice.
The LegalFix Free Information on the Site is intended for general information purposes only, is not legal advice, and is not represented or warranted to be accurate, complete, or up-to-date.
You should consult with a lawyer, accountant, financial advisor, or tax professional to discuss the specific circumstances of your legal, tax, or financial issue and not rely on the LegalFix Free Information on the Site.
Facts and circumstances vary from person to person or company to company even when facing a similar legal issue—and laws, rules, regulations, practices, and procedures are constantly changing and evolving.
Nothing in the LegalFix Free Information or on the Site is a substitute for advice from a lawyer or a tax, financial, or accounting professional.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LegalFix HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THE LegalFix Site. YOUR USE OF AND ANY RELIANCE ON THE CONTENT AND LegalFix FREE INFORMATION ON THE SITE IS AT YOUR OWN RISK.
4. No Lawyer-Client Relationship or Confidentiality
No lawyer-client (attorney-client) relationship is formed or will be formed through your use of the Site and the LegalFix Free Information.
For the lawyer-client privilege to attach to a communication so you have an expectation of privacy and confidentiality, you generally must communicate directly with a lawyer in a confidential medium (e-mail, telephone, video conference) for the purpose of seeking legal advice—and not allow other persons (other than the lawyer’s legal assistant or necessary office personnel) to hear or read your communication with the lawyer.
5. Changes to This Agreement
We may revise all or any part of this Agreement at any time by publishing the revised Agreement here on the Site. Such changes to this Agreement will be effective immediately upon our posting of the revised Agreement.
We include the effective date at the top of the Agreement. We encourage you to check the Agreement frequently to understand the terms of your use of the LegalFix Site. If we make material changes to the Agreement, we will inform you of the changes by e-mail, or place an alert on the Site, such as a banner near the bottom of the Site stating that we have updated our Terms of Service or Privacy Policy.
Your continued use of the LegalFix Site after we post a revised Agreement will indicate your agreement to the revised Agreement. If you do not agree to the revised Agreement, your sole remedy is to not use the LegalFix Site.
6. Changes to the LegalFix Site
We reserve the right to terminate, change, suspend, or discontinue any aspect of the LegalFix Site, including content, features, coverage (of legal information and laws), tools, services, pricing, LegalFix Free Information, LegalFix Legal Plans, data, text, sound, photographs, graphics, and video.
These and any other changes to the LegalFix Site may be made in our sole discretion and without prior notice to you.
We may also place additional rules and limitations on your use of the LegalFix Site or restrict your access to all or any part of the LegalFix Site, without prior notice. LegalFix will not be liable to you for making such changes.
7. Privacy
When you use the LegalFix Site, you consent to the collection and use of your information, as detailed in our Privacy Policy.
If you are located outside of the United States, you consent to the transfer, storage, and processing of your information to the United States and other countries. This includes content you posted, uploaded, or transferred to the Site, and any personal information.
By providing us your e-mail address, you consent to LegalFix sending you notices and information related to the LegalFix Site and your account, to that e-mail address—including notices required by this Agreement and by law.
We may also send information regarding new or changed features of the LegalFix Site to your e-mail address (transactional or relationship messages, as defined by the CAN-SPAM Act).
Most e-mail messages we send you will be transactional or relationship messages related to your account and we will rarely send you a commercial e-mail message (as defined by the CAN-SPAM Act).
If we do send you a commercial e-mail message you may unsubscribe from such messages using the link in the e-mail message.
If you do not want to receive such commercial e-mail messages, you may opt-out or change your e-mail preferences on the Account Settings page.
8. Social Media Account Login
We may allow you to log in to your LegalFix Site account using one of your social media accounts. By using those third-party services, you agree to their terms of use, terms of service, privacy policies, and any other agreements between you and them.
9. Links to Other Websites
The LegalFix Site may contain links to other websites for your reference and convenience. These websites may include content providers, advertisers, upcoming events, special offers, and other relevant information. If you follow these links you will leave the LegalFix Site.
Some of these third-party websites may use LegalFix’s trademarks, service marks, or logos under license from LegalFix.
We do not endorse, own, or control these third-party websites, and you agree that LegalFix will not be responsible for the availability, quality, or accuracy of their content, events, products, information, or services.
If you access a third-party website linked on the LegalFix Site, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of those third-party websites.
10. Copyright Agent for Copyright Infringement Claims
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).
If you are a copyright owner, or the agent of a copyright owner, and you believe that any content on the Site infringes your copyrights, you may submit a notification under the DMCA.
We may, in our sole discretion, delete or hide content alleged to be infringing, and terminate the account and access of any alleged repeat infringer.
Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: copyright@legalfix.com, or LegalFix, Attn: Copyright Agent, 3839 McKinney Ave., Suite 155-733, Dallas, Texas 75204.
11. Disclaimer of Warranties
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE LegalFix SITE AND THE LegalFix LEGAL PLANS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, AND DELAYS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Limitation of Liability
YOUR EXCLUSIVE REMEDY, AND LegalFix’s ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE LegalFix SITE AND THE LegalFix LEGAL PLANS, WHETHER BASED IN CONTRACT, TORT, STATUTE, EQUITY, OR OTHER LEGAL BASIS, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF MONTHLY OR ANNUALIZED FEES PAID DIRECTLY BY YOU TO LegalFix DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
IN NO EVENT WILL LegalFix BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO:
· YOUR INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK, OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, OR THE QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF LEGAL ADVICE PROVIDED OR FAILED TO BE PROVIDED UNDER A LegalFix LEGAL PLAN, EVEN IF ASSISTED BY LegalFix, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE LegalFix SITE;
· THE SELECTION OR VETTING OF ANY PROVIDER LAW FIRM OR REFERRAL LAW FIRM TO PROVIDE SERVICES UNDER THE LegalFix LEGAL PLANS;
· ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT, OR YOUR USE OF, OR INABILITY TO USE, THE LegalFix SITE OR THE LegalFix LEGAL PLANS, OR THE SELECTION OR VETTING OF ANY PROVIDER LAW FIRM OR REFERRAL LAW FIRM TO PROVIDE SERVICES TO YOU UNDER THE LegalFix LEGAL PLANS, EVEN IF LegalFix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
· THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERY OF THE LegalFix SITE;
· ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES RESULTING FROM THE USE OF THE LegalFix SITE OR THE LegalFix LEGAL PLANS, OR THE ALLEGED NEGLIGENCE OR LEGAL MALPRACTICE OR BREACH OF CONTRACT OR BREACH OF STATUTORY OR OTHER LEGAL OBLIGATION OR STANDARD BY ANY PROVIDER LAW FIRM OR REFERRAL LAW FIRM; LOSS OF PRIVACY; LOSS OF CREDIT; STOLEN IDENTITY; BREACH OF CONFIDENTIALITY OF YOUR PERSONAL OR OTHER INFORMATION; OR LOSS OF ANY DATA OR CONTENT SHARED BY YOU OR RELATED TO YOU.
FURTHER, LegalFix WILL HAVE NO LIABILITY FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD-PARTY FEATURE OR WEBSITE HYPERLINKED ON THE SITE.
LegalFix MAKES NO WARRANTY THAT ACCESS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE.
NOR DOES LegalFix MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEBSITE THAT IS HYPERLINKED OR PROVIDED ON THE SITE.
YOU ACKNOWLEDGE THAT THE PROVISION OF THE LegalFix SITE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MACHINES, HARDWARE, OR SOFTWARE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Limitation of Claims Period
Except for claims related to improper use of the LegalFix Site, no claim or action that in any way arises out of this Agreement; your use of the LegalFix Site; your attempt to use the LegalFix Site; or the collection, use, or disclosure of your personal or other information may be made or filed more than one year after the basis for the claim becomes known to the party asserting it.
14. International Issues
The LegalFix Site is operated and controlled by LegalFix from its offices in the state of Texas, in the United States of America.
The LegalFix Site is directed toward and intended to be used only by persons and entities located in the United States. Persons who choose to access the LegalFix Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if applicable.
Accessing the LegalFix Site from jurisdictions where the contents of the LegalFix Site are illegal or penalized is prohibited.
No information or content from the LegalFix Site may be downloaded or otherwise re-exported (i) into a country, or to a national or resident of a country to which the United States embargoes or sanctions goods, services, or technology; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or the United States Commerce Department’s Table of Denial Orders.
By accessing the LegalFix Free Information and the LegalFix Site, you represent and warrant that you are not on any such list; are not located in any such country; and are not a national or resident of any such country.
15. Indemnification
You agree to indemnify, defend, and hold harmless LegalFix, its officers, directors, owners, agents, contractors, content providers, licensors, licensees, employees, and users of the LegalFix Site from any claim or demand by any third party and from liabilities and costs (including attorney fees) incurred in connection with any third-party claim arising out of your use of the LegalFix Site or your breach of this Agreement.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this Agreement. Applicable law may not allow for such indemnification, so this requirement may not apply to you.
16. Governing Law and Jurisdiction
The Site (excluding any linked websites) is controlled by LegalFix from our office in the state of Texas, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world.
Because each of these places has laws that may differ from those of Texas, by accessing or attempting to access the Site, you and LegalFix agree that this Agreement, your use or attempted use of the LegalFix Site, the collection, use, and disclosure of your personal or other information, and your interactions and communications with LegalFix will be governed by and construed under the statutes and other laws of the state of Texas, without regard to conflict-of-laws rules and the United Nations Convention on the International Sales of Goods.
Thus, the statutes and laws of the state of Texas will govern all claims between you and LegalFix, whether such claims are based in contract, tort, statute, equity, or other legal basis.
You and LegalFix agree and submit to the exclusive personal jurisdiction of the state and federal courts in the state of Texas with respect to any claim or dispute between you and LegalFix.
17. Jury Trial and Class Action Waiver: Binding Arbitration
Any and all claims, causes of action, and disputes between you and LegalFix—including, without limitation, any claim, cause of action, or dispute relating in any way to the LegalFix Site; your use or attempted use of the Site; the LegalFix Legal Plans; any services provided or failed to be provided under the LegalFix Legal Plans; any communication with LegalFix; information you provide to LegalFix; or information that is collected by LegalFix—will be resolved by binding arbitration, rather than in court, except that you may assert an individual action in small claims court if your claims qualify, and so long as the matter remains in small claims court and advances only on an individual basis.
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply to this Agreement. This Jury Trial and Class Action Waiver: Binding Arbitration agreement will include all claims, causes of action, and disputes between you and the officers, directors, employees, agents, contractors, licensors, successors, assignees, and users of the LegalFix Site.
There is no judge or jury in arbitration and court review of an arbitration award is limited. But an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitration will be conducted in Dallas, Texas.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advance written notice of its intent to file for arbitration. LegalFix may provide such notice by e-mail to your e-mail address on file with us and you must provide such notice by e-mail to legal@legalfix.com.
You and LegalFix agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
If for any reason a claim proceeds in court rather than in arbitration, you and LegalFix waive any right to a jury trial. You and LegalFix also agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The AAA Rules are available online at http://www.adr.org, or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) for any claim where the total amount in controversy is less than $10,000 (ten thousand U.S. dollars), the arbitration will be conducted by telephone, online, or be based solely on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will be conducted by an arbitrator in Dallas, Texas who is approved by or otherwise affiliated with the AAA; (c) the arbitrator may award injunctive or declaratory 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; (d) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If subparagraph (d) above is found to be unenforceable, then this mandatory arbitration provision will be null and void, but the jury trial and class action waiver provisions will remain in effect. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Jury Trial and Class Action Waiver: Binding Arbitration” agreement.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND LegalFix ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION AGREEMENT. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Any demand for arbitration governed by this Agreement must be made before the statute of limitations applicable to such a claim has run.
If a dispute arises, we strongly encourage you to first contact us at support@legalfix.com before starting an arbitration or filing a claim in small claims court. We value our relationship with you and will try to resolve your claim informally and quickly.
All claims you bring against LegalFix must be resolved in accordance with this “Jury Trial and Class Action Waiver: Binding Arbitration” agreement. All claims filed or brought contrary to this “Jury Trial and Class Action Waiver: Binding Arbitration” section will be considered improperly filed and void.
If you file a claim contrary to this “Jury Trial and Class Action Waiver: Binding Arbitration” agreement, LegalFix may recover its attorney fees and costs from you if LegalFix has notified you in writing of the improperly-filed claim and you have failed to promptly withdraw the claim.
18. Assignment of This Agreement
LegalFix may assign this Agreement, its rights and licenses, without restriction. You may not transfer or assign your rights and responsibilities under this Agreement, and any attempted assignment by you will be null and void.
19. Electronic Communications
When you visit the Site or send e-mails to LegalFix you are communicating with LegalFix electronically. You consent to receive communications from LegalFix electronically. LegalFix will communicate with you by e-mail or by posting notices on the Site.
These notices may be required by law or may be designed for marketing or other business purposes. You agree that all agreements, notices, disclosures, and other communications that LegalFix provides to you electronically satisfy any legal requirement that such communications be in writing.
LegalFix is not responsible or liable for any automatic or other e-mail filtering you or your network provider may apply to such e-mail notifications we send to the e-mail address you provide.
20. Force Majeure. LegalFix’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war, terrorism, or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, or other force beyond LegalFix’s reasonable control.
21. General Provisions
If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions will not be affected.
Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of the provision or of the right to enforce the provision.
22. Complete Agreement
This Agreement embodies the entire agreement between the parties with respect to the subject matter of this Agreement, and except as otherwise provided in this Agreement, it supersedes all prior understandings and agreements, oral or written, relating to the subject matter.
LegalFix may amend the terms and conditions of this Agreement from time to time, without prior notice to you. Each time you access the Site, you agree to be bound by the terms and conditions then in effect.
