Effective date July 30, 2018
BestLegalChoice.com is a platform for collaboration and communication between legal professionals and Users seeking legal help. BestLegalChoice.com provides access to BestLegalChoice.com’s virtual community of participating attorneys and legal professionals; easy collaboration through BestLegalChoice.com’s communication management tools; document management and storage; and simple, secure payment and invoicing tools.
You must be at least 18 years of age or older to use this website.
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.
What Is BestLegalChoice.com and what do we do?
What BLC is not, and what BLC does not do:
I. BLC is not a law firm. BLC has lawyers on staff and has relationships with many others who work hard to make sure the service is worthy of your trust. However, BLC does not offer legal representation. BLC does not offer any legal advice, legal opinions, or recommendations. This includes determining whether or not you require legal assistance or the nature or scope of such a need. We are only here to help you connect with a lawyer participating on our platform and to help make your experience one you will be pleased with. Additionally,
A. None of the legal professionals who use this interactive online platform have any ownership or proprietary interest in BLC or its affiliates.
B. None of the legal professionals using this interactive online platform are officers or directors of BLC and have no pecuniary interest, direct or indirect, in BLC or the proceeds thereof.
C. The legal professionals that participate on this interactive online platform intend that they are Independent Contractors in every way, and no relationship of employer-employee exists between them and BLC.
E. If the participating legal professional employs any third persons, these persons will be under the exclusive control of the participating attorney or other legal professional who shall determine all terms of employment, including but not limited to hours, wages, working conditions, discipline, hiring, and discharging.
F. Neither the participating legal professional nor any of his or her employees, subcontractors or consultants have the right to act or speak on behalf of BLC in any capacity, or to bind BLC to any obligation, actually, constructively or ostensibly. They are not BLC agents for any purposes.
II. BLC is not a Lawyer Referral Service. A lawyer referral service refers potential clients to attorneys. The lawyer referral service staff will interview you and, if you have a legal problem, will try to match you with a vetted and qualified lawyer who is experienced in the appropriate area of law that they will vouch for or endorse. You will then see the lawyer for an initial consultation or speak to the lawyer on the phone. In most states, lawyer referral services must be certified by the State Bar and conform to California Supreme Court standards in order to protect clients. BLC does not do this. BLC does not filter potential cases or channel potential clients to selected lawyers.
A. As was stated above, BLC provides an online platform on which consumers and legal professionals may meet and discuss legal issues including the need for services. If a user wishes, he or she may post their need for legal services on the platform and legal professionals may then offer to perform legal services. BLC may then offer to assist both users (the consumer and the legal professional) the benefits associated with its administrative assets including, but not limited to, document management, invoicing and payment service.
B. BLC recognizes that it is very difficult for someone who has never had to hire a lawyer to find a lawyer. BLC takes away some of the guesswork. All participating legal professionals must be licensed in their state and have no public record of discipline. They will have completed a detailed application, undergone a limited background check, and represent that they have at least five years professional experience in their selected field(s) (i.e., family law, business law, real estate law, estates, etc.) BLC encourages all participating lawyers to have their own malpractice insurance. BLC expects that all participating legal professionals will comply with all ethical requirements of their jurisdiction. However, you must keep in mind the following information regarding use of our platform and possibly working with participating legal professionals:
1. BLC makes no warranty, guarantee, or representation as to the standing, ability, competence, quality, or qualifications of any participating legal professional user of this site.
2. While BLC uses commercially reasonable efforts to verify that its participating legal professionals are licensed attorneys in good standing with no public record of discipline, BLC is simply unable to continually track, verify and monitor the standing of each participating attorney or other legal professional. Therefore, BLC encourages users to research and evaluate any participating legal professional before accepting professional advice, consultation or service, and to check the attorney's standing with the applicable state bar.
3. Lawyer users are independent legal professionals who offer to perform legal services to prospective clients. BLC does not vouch for any participating legal professional.
4. Nothing its website or otherwise implies an endorsement by BLC of any participating legal professional.
5. BLC does not sanction, warrant, endorse or guaranty any statements or representations a participating legal professional may post on the website. Additionally, from time to time, users may submit, and BLC may publish, reviews of participating legal professionals. These reviews do not constitute a representation, guarantee, warranty, or prediction regarding the outcome of any legal matter. BLC makes no guaranty of any result or outcome of your legal matter. BLC Does Not Guarantee Results.
6. BLC neither takes responsibility for nor endorses any description or indication of specialization or limitation of practice by a participating legal professional. All participating legal professionals are obligated to comply with all of the rules and regulations governing professional conduct,
7. While we strongly encourage it, BLC does not warrant or guarantee that participating legal professionals are covered by professional liability insurance.
8. Because participating legal professionals are not employees or agents of BLC, BLC may not be held liable for the actions or omissions of any legal professional performing professional services for you. We have no control over, and cannot guarantee the availability of any legal professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever. Remember, we are not a law firm and we are not a referral service. All choices you make in connection with the use of the service BLC offers are your choices. We advise you to make them wisely and with as much information as you can find.
Here’s How It Works
Now that you understand what BLC is and what BLC is not, let’s take a moment to explore a little about how the platform works. Keep in mind that each individual’s use of and experience using the platform may be different. In many instances, the experience might work something like this:
A. Finding “the right fit.”
Users may post Jobs through the Service. Participating legal professionals may submit Bids and negotiate details of these Jobs prior to acceptance directly with the user.
B. Establishing the relationship.
Upon acceptance, the scope of a participating legal professional’s representation is strictly limited to the matter as agreed upon in the accepted bid settled upon between the user and the participating legal professional who will then formalize their arrangement via a signed engagement letter or other written agreement.
Once the user and the legal professional establish that they are a good fit for one another, they will contract for the services between them. BLC’s administrative services are available to facilitate this process, but it is not obligatory. What is obligatory, however, is that the lawyer and the user notify BLC that there will be a working relationship between the user and the services provider since it evolved directly from use of the platform by the user and the participating legal professional.
C. Paying for the services
BLC does not charge for legal services. The services available on the Website are offered in exchange for processing and service charges applied to transactions on the website but only after the services are completed and the fees are paid.
At this point, the user’s account will be charged a service fee. The user may send a check or apply a credit card to its account for payment of the service charge. Note that this service fee has nothing to do with, nor is it connected in any way to, or based upon, the fee agreement between the legal professional and the user. As stated above BLC is not a law firm. It is not a referral service. It in no way participates in or derives any advantage from the fee agreement between the legal professional and the user. Additionally, the user and the legal professional are obligated to use the site’s payment terminal to pay and to receive payment for the work.
In the event that the job requirement is not able to be reduced to a flat fee and requires progress payments or payments on a monthly basis, then payment will be processed as specified in the contract between the legal professional and the user and invoiced accordingly. When a Job (or a segment thereof as pre-agreed in writing between the user and the participating legal professional is marked as completed by the legal professional, BLC will inform the user that the Job (or a segment thereof as pre-agreed in writing) is complete. The user must then pay the agreed-upon amount or request changes. If the Legal Client has taken no action after 10 business days, BLC will have the right to charge the user’s credit card, bank account, or PayPal account for the full amount of the agreed-upon fee or undisputed invoice pending final processing and invoicing by the attorney.
As you can see, you, the user, are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay the participating attorney through BLC’s payment account the amount agreed on in the Bid or undisputed invoice, unless you dispute the matter by sending an email to support@BestLegalChoice.com and adhere to the other conditions set forth in this agreement. You are responsible for providing us with a valid means of payment.
BLC agrees to present you with a full invoice of each charge in advance of charging your credit card or PayPal account. BestLegalChoice.com agrees to pay the applicable attorney or legal professional the amount received.
Note that, in the event of a dispute over the fee between the attorney and the user, any local procedure for fee dispute arbitration shall take precedence. In the interim, the disputed fees will be held pending the outcome of the fee dispute proceeding.
Some other things you should know and understand about using the service:
Payment Authorization. By agreeing to these terms, you are giving BLC permission to charge your on-file credit card, PayPal account, or other approved method of payment for fees that you authorize BLC to satisfy. Depending on your Bid specifications, BLC may charge you on a one-time or recurring basis. You authorize BLC to charge you the full amount owed to any participating attorney User via the Service, as well as BLC’s processing fees. For the avoidance of doubt, in the event that in a particular instance a Participating attorney user only uses the Services to invoice you for legal services other than those which are the subject of a Bid, by placing your credit card or PayPal account on file with BestLegalChoice.com or our third party payment processor, you acknowledge and agree that the payment terms set forth in this Section shall apply.
Your Responsibilities in connection with your use of the platform:
Your use of this platform is your responsibility, so you are urged to do so responsibly. Users Must Be Over Age 18. BLC does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, enter into this contract; (ii) your use of the Service will be solely for permitted purposes; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of others; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other BLC policies.
You are solely responsible for your account and anything that happens while you are signed in to or using your account. Your privacy and your security are your responsibilities.
User Account Security. When you sign up for the Service, you will create a personal account which includes a unique username and a password to access the Service and to receive messages from BLC. The security of this account is your responsibility, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify BLC immediately of any unauthorized use of your account, or any other breaches of security. We will not be responsible for any losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
A user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.
Do not publish on any public forum any communication or information you wish to remain private or otherwise protected from disclosure by the attorney-client or attorney-work product privileges.
Consumer Users may request a written legal engagement agreement from the participating attorney specifying the terms, scope, limitations, and conditions of representation, including fees. In order to provide an optimal forum for clients and legal professionals, BLC does not involve itself in the agreements between users and participating attorneys, or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party.
Prohibited Content: You will not transmit any Content (including software, text, images, or other information) that:
a. is illegal or promotes illegal activity
b. defames, harasses, abuses, threatens, or incites violence towards any individual or group
c. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
d. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
f. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
g. impersonates any person or entity, including any of our employees or representatives; or
h. violates the privacy of any third party.
Use of our service to conduct illegal activity is prohibited. Threatening posts or content that violates another party’s intellectual property rights is prohibited.
We are not responsible for any loss or damage that occurs as a result of any interactions you have with any person or persons connected with the Website or any service available thereon, including, without limitation, Job Postings that you input or receive through your use of the Website, or communications with Attorneys or other legal professionals. While we do not monitor any actual communications or the contents of any transmissions, such as those that occur between attorneys and client users, or any digital data such as confidential documents uploaded for work by attorneys or other legal professionals, we may, at our sole discretion, monitor and/or record times and dates of interactions in connection with certain things such as bid submissions, job completions, invoicing, and payment to ensure our platform users enjoy prompt service.
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.
To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.
A Word about User Generated Content
User generated content may take on many forms. It might be posts on the forum by legal professionals. It may be posts by non professional users expressing their opinions or telling their stories. It might come in the form of access to other websites through third party links. Nevertheless, and regardless of the source, BLC bears no responsibility or liability of any kind for any User-Generated Content or legal advice encountered on or through the Website. Any use or reliance on User-Generated Content or legal advice obtained on or through your use of the website is solely at your own risk. We are not responsible for the content of materials posted on the Website. We take no responsibility for, and do not endorse or otherwise adopt in any way the opinions or views expressed by any users of the service. We do not verify or review any data submitted by users, professional or otherwise, before it appears on the Website, and we do not warrant the validity or accuracy of any such information. As a user, you must use caution when using this site.
* A note about using the BLC User Forum and User Generated Content: BLC makes every effort to maintain the confidentiality of any information submitted by Users to our Website and our database of members. However, because it is impossible to control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. BLC is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the System.
You may create content, written or otherwise, while using the Website (“User-Generated Content”). You are solely responsible for the content of it, and any harm resulting from it, regardless of the form or source of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Website is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
User-Generated Content posted on the Website, such as blog posts, is provided for informational purposes only. BLC is not responsible for the content of materials posted on its Website. The opinions and views expressed are those of the individual Users of the Website and do not reflect those of BLC. BLC does not verify or review in any way data submitted by other users and makes no assurance or warranty that such User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional legal advice, nor should it be deemed a solicitation to offer legal advice regarding specific facts. You should not delay or forego seeking legal advice or disregard professional legal advice based on User-Generated Content. Delay in seeking such legal advice could result in waiver of your rights or interests. User-Generated Content is not regulated by any state or national bar association.
You represent and warrant that you have the right to post all User-Generated Content that you submit or post. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content (if necessary), and have taken all steps necessary to pass through to end users any required terms.
Except for Content that originates from BLC, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for any User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
License Grant - By posting any Content via the Website, you automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
There may be content from third parties on BLC’s website, such as blog posts written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the content of the websites that content may link to.
By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for BLC to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
As part of the Service, BLC may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to users. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent, warrant, or imply that we adopt or endorse said content, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties who publish such content. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by BLC’s terms and conditions.
Copyright Infringement and DMCA Policy
If you believe that material located on or linked to by BLC violates your copyright, please notify BLC. BLC respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of BLC or others. We may terminate access for participants or users found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to BLC’s designated copyright agent at 93 Castilian Drive, Goleta, CA 93117.
Response To DMCA Take-Down Notices. If BLC takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to BLC. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org. Ripofferport.com
Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to BLC’s copyright agent using the contact information set forth above.
Response to DMCA Counter-Notices. If a counter-notice is received by BLC’s copyright agent, BLC may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
DISPUITE RESOLUTION PROCEDURES
Initial Informal Dispute Resolution First:
Before serving a demand for arbitration of a Claim, you agree to first notify BLC of the Claim at Attn: Legal, 93 Castillian Drive, Goleta, CA 93117 or by email to Support@BestLegalChoice.com, and BLC agrees to provide to you a notice at your email address on file (in each case, a “Notice”) and seek informal resolution of the Claim. Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Any Notice from BLC must include pertinent account information, a brief description of the Claim, and BLC’s contact information, so that you may evaluate the Claim and attempt to informally resolve the Claim. Both you and BLC will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
If further action is necessary:
Mandatory Binding Arbitration and Class Action/Jury Trial Waiver
This Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) applies to all Users.
In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, BLC, and our Affiliates agree to resolve the Claim by binding arbitration before an arbitrator from JAMS. JAMS may be contacted at www.jamsadr.com.
Scope of Arbitration Agreement and Conduct of Arbitration
Arbitration as provided in this Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) is governed by the United States Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Arbitration Provision applies to any Claim the parties may have and survives after your relationship with BLC ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Except as otherwise provided herein, arbitration will be conducted in Santa Barbara County, California in accordance with the JAMS Comprehensive Arbitration Rules and Procedures under the Optional Expedited Arbitration Procedures then in effect for JAMS. Notwithstanding the foregoing, any Claims by participating legal professionals that allege employment or worker classification claims will be conducted within 25 miles of where the legal professional is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect. The JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures” or “JAMS Employment Arbitration Rules.” The parties agree that any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
You and BLC will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, the legal professional will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
This Arbitration Provision does not apply to litigation between BLC and you to which you are a party that is or was already pending in a state or federal court before the expiration of your opt-out period. This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits. Either you or BLC may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter.
Regardless of any other terms of this Arbitration Provision, a claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, or the National Labor Relations Board. Nothing in this Arbitration Provision will be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.
Any arbitration shall remain confidential. Neither party may disclose the existence, content, or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver below, of this Arbitration Provision is deemed to be unenforceable, you and BLC agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
Class Action and Jury Trial Waiver
This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and BLC agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a Claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this Arbitration Provision or the JAMS Rules, the arbitrator will have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable. You and BLC agree that you will not be retaliated against, disciplined or threatened with discipline as a result of exercising any rights under Section 7 of the National Labor Relations Act by filing or participating in a class, collective or representative action in any forum. However, BLC may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims.
Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying BLC in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to BLC at Attn: Legal, Castillian Drive, Goleta, CA 93117 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to Support@BestLegalChoice.com
Intellectual Property Notice - BLC retains all ownership of our intellectual property, including our copyrights, patents, and trademarks. BLC retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. No rights, title or interest transfers to any users without the express written consent of BLC.
We reserve all rights that are not expressly granted to you under this Agreement. Specifically, BLC and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of BLC, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from BLC, except as an integral part of any authorized copy of the Content.
BestLegalChoice, Inc. owns all copyright interests in all software and technology used to create BLC. This Agreement does not provide any User with any rights in or to the website technology or any proprietary software or marks. It is a breach of these rights and of these Terms and Conditions to make reproductions of or adaptations to the website software and technology without the express written permission of BestLegalChoice, Inc. Further, no license is granted or inferred to any user to operate the website and its software or technology other than as permitted herein or elsewhere including, but not limited to using decompilation or disassembly (reverse engineering) techniques on this website or related programming. No user shall make use of the technology or proprietary software or marks for any development or operation except as expressly permitted herein or elsewhere without the express written consent of BestLegalChoice, Inc. including, without limitation, all Proprietary Rights relating thereto, all of which will remain the exclusive property of BestLegalChoice, Inc.
Termination - You may cancel this Agreement and close your account at any time. However, termination of the BLC Service does not terminate attorney-client relationships or obligations formed between any user and/or participating attorney.
If you wish to terminate this Agreement or your account with the Service, you may simply discontinue using BLC. If you wish to delete your User account data, please contact BLC at support@BestLegalChoice.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
BLC May Terminate This Agreement. BLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
Termination of your relationship with BLC does not affect your relationship with any participating attorney or client you have retained through the BLC Service. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of your relationship with BLC.
Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
WE DISCLAIM ANY AND ALL LIABILITY
The user expressly agrees that use of the Website and any available service is at the user's sole risk. The Website and its services are provided on an "as is" and "as available" basis. BLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BLC makes no warranty that the Website or any service provided on or through the Website will meet user's requirements, that the Website and its services will be uninterrupted, timely, secure, or error-free; nor does BLC make any warranty as to the results that may be obtained from the use of the Website or any service offered thereon or as to the accuracy or reliability of any information obtained through the same or that defects in the software will be corrected. BLC makes no warranty regarding any goods or services purchased or information obtained through the Website or any service available on the Website or any transactions entered into through the Website or any service on the Website.
No advice or information, whether oral or written, obtained by the user from BLC shall create any warranty not expressly stated herein.
WE LIMIT ALL LIABILITY
The user agrees that BLC shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Website or any service provided thereon or for cost of procurement of substitute goods and/or services or resulting from any goods and/or services purchased or obtained or messages received or transactions entered into through or from the Website or any service thereon or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if BLC has been advised of the possibility of such damages. The user further agrees that BLC shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Indemnification and Release - The User agrees that BLC is not responsible for any harm that use of this Website and any services made available therein may cause. The User agrees to indemnify, defend, and hold BLC, its parents and subsidiaries, agents, employees, officers, directors and shareholders, harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of this Website and any services made available therein. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. BLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of BLC.
If you have a dispute with one or more Users, you hereby release BLC from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Non-material changes to this Agreement will take effect immediately. We encourage visitors to frequently check this page for any changes to this Agreement. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
Email Communications. We use email to stay in touch with our users.
Legal Notice To BLC Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to BLC or any of our officers, employees, agents or representatives in any situation where notice to BLC is required by contract or any law or regulation.
Any written notice to BLC should be addressed as follows:
BestLegalChoice.Com, 93 Castillion Dr., Goleta, CA 93117
Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and BLC and any access to or use of the Website or the Service are governed by the laws of the State of California, without regard to conflict of law provisions. You and BLC agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Santa Barbara, California, except as provided below in this Agreement.
Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of BLC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with BLC must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.