Park Legal, PC
This is a contract between Park Legal, PC (“PL”) and you (“you,” “your”, or “subscriber”), for a PL subscription (“PL Subscription” or “Subscription”). This agreement is effective as of the date you accept its terms by purchasing a PL Subscription (the “Effective Date”). If you sign up for a PL Subscription, you accept these terms, conditions, and limitations. Please read this agreement carefully.
- PL Subscription Membership; Assignment. We reserve the right to accept or refuse subscription in our discretion. You may not transfer or assign your PL Subscription or these benefits.
- Benefits of PL Subscriptions. PL Subscriptions offer the benefits according to the description of the Subscription the subscriber is enrolled in (collectively, the “Subscription Benefits”):
- Limitations & Exclusions from Subscription Benefits.
The following items and matters are specifically excluded from the Subscriptions, and are not to be considered or treated as Subscription Benefits under any Subscription offered by PL:
- Any action that directly or indirectly involves PL or any of its affiliates, directors, agents, or employees;
- Any action or question concerning or involving the laws of a jurisdiction outside of the Member’s business’s state, unless the Member has purchased a Subscription for the applicable state;
- Matters involving any of the following: Tax; Pending or contemplated litigation; Criminal investigations; Regulatory or administrative investigations or inquiries; Settlement agreements; Opinion or clearance letters; Patents; Class action defense; Bankruptcy; Admiralty; Securities; Antitrust; Landlord/tenant; Professional licensing; or Immigration;
- Any matter where the contract value of the agreement(s) or amount in dispute exceeds $500,000 or if, in our sole discretion, the value of the legal assistance or potential for malpractice liability against us disproportionately exceeds the consideration paid for the Subscription
- Any claim, action, matter or question which we, in our sole discretion, determine was brought to our attention too close to an applicable or potential statute of limitation, statute of repose, or any other deadline which prevents the Provider Law Firm from having adequate time to properly prepare or investigate;
- Any action that directly or indirectly involves us;
- Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before your enrollment that did or may give rise to a lawsuit by or against us;
- Any matter involving the law of a jurisdiction outside of the United States or involving tribal or Native American legal issues;
- Any matter that, in our opinion, is frivolous in nature;
- Any matter that, in our opinion, requires time or effort that exceeds the scope of the services; or
- Any case matter or requested service that is determined by us to lack sufficient merit to warrant pursuit, or that we decide has been raised an inordinate or unreasonable number of times without a change in circumstances.
We, in our sole discretion, may waive any of these exclusions, however, work on any of the excluded practice areas may be subject to additional fees. Any such fee increase shall be disclosed to, and approved by, you prior to commencement of work.
- Use of Services; Changes to Services.
- General Practices.
You acknowledge that PL may establish general practices and limits concerning use of its Subscriptions.
- Right to Change Practices.
You acknowledge that PL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. However, you have the right to cancel your Subscription should we materially decrease benefits.
- Right to Change Rates.
You acknowledge that PL reserves the right to change or alter the services and rates at any time, in its sole discretion, with or without notice.
- Right to Change Hourly Rates.
We may change our hourly rates from time to time, with or without notice, in our sole discretion.
- Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of a PL Subscription. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Subscription, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- Authority to Enter Agreement.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
- Payment; Billing; Automatic Renewal.
- Membership Fee Payments.
For any PL Subscription you purchase, you will be charged in full for the amount of the membership term you select upon purchase (e.g. monthly), and you agree that for each renewal term for such Subscription, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. The payment method we have on file for you will be charged the applicable Subscription fees on a recurring basis for the duration of your membership through each renewal term. PLEASE NOTE THAT EVEN IF YOU DO NOT USE ANY SUBSCRIPTION BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR PL SUBSCRIPTION OR IT IS OTHERWISE TERMINATED PURSUANT TO THE TERMS OF THIS AGREEMENT.
- Billing & Automatic Renewal.
Your PL Subscription will automatically renew at the end of the initial Subscription term and will continue on a recurring basis for each term thereafter unless you give notice of your intention to terminate your subscription pursuant to the terms of this agreement. Unless otherwise notified pursuant to this agreement, the charge, and term duration for each renewal term will be the same as the initial Subscription term.
- Notice of Automatic Renewal.
As a courtesy to you, we may send a reminder email to the email address of record for your account before your billing date to inform you of your Subscription’s automatic renewal, as applicable, depending on the type of Subscription you are enrolled in. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of PL to send the email does not create any liability on the part of PL or any third-party service provider.
- Fee Adjustments. PL may increase its fees for any Subscription membership effective the first day of a renewal term, as applicable, by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to this agreement, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term) and your payment method on file will be charged according to the new fee schedule. Reductions in fees become effective on the next renewal term without any pro rata reduction for the period covered under the prior fee schedule
- Termination or Cancellation.
- By PL.
- If you fail to pay for your Subscription according to the payment Subscription you selected, your non-payment may result in suspension of service and subsequent termination of your Subscription.
- Your right to use a PL Subscription is subject to any limits established by PL or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, PL reserves the right, in its sole and absolute discretion, to suspend or terminate access to your Subscription, thereby terminating this agreement and all obligations of PL hereunder. If a charge made to your credit card is declined, PL may make multiple subsequent attempts to bill that card again in the future.
- By You.
- If your terminate the agreement before you have not sought legal services pursuant to your Subscription within ten (10) days, the agreement shall be void from the beginning and the parties shall be in the same position as if this agreement had not been issued.
- You have the right to cancel your subscription before the applicable renewal period by emailing our customer service team at firstname.lastname@example.org. After such cancellation, your subscription will remain active until the end of then-applicable period.
- Dispute Resolution. Any disputes between you and us that arise out of our representation of you shall be resolved through negotiation between the parties. If such negotiations do not resolve the dispute shall be resolved by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. This includes, but is not limited to, fee disputes other than non-payment and any claim for malpractice, negligence, breach of fiduciary duty, deceptive trade practices, breach of contract, or the like that you may assert against us. There are advantages to arbitration, but also disadvantages. Arbitrating our disputes may be more efficient, and it will be done in private. However, any claim for malpractice will not be decided in court or in a trial by jury. Also, unlike courts that are an arm of government, private arbitrators have no ability to require third parties to participate in arbitration or to provide documents or witnesses. There may be other disadvantages to arbitration. By signing this letter, you agree that the arbitrator’s decision shall be binding, conclusive, and nonappealable. Also, by signing this letter, you and we voluntarily give up the right to trial by judge or jury, as well as rights to appeal. Accordingly, you should carefully consider whether arbitration is acceptable to you, and you should consult with independent counsel if you believe it appropriate to do so.
B. Notwithstanding subparagraph A above, in any dispute over attorney’s fees, costs or both subject to the jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, you have the right to elect arbitration pursuant to the fee arbitration procedures as set forth in California Business and Professions Code Sections 6200 – 6206. Arbitration pursuant to the Mandatory Fee Arbitration Act is non-binding unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. The Mandatory Fee Arbitration procedures permit a court trial after arbitration, or a subsequent binding contractual arbitration if the parties have agreed to binding arbitration and either party rejects the award and requests a trial de novo within thirty (30) days after the award is mailed to the parties. If, after receiving a notice of client’s right to arbitrate, client does not elect to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration within thirty (30) days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in the previous subparagraph A. If either party rejects a non-binding fee arbitration award by timely submission of a request for trial de novo, You and we agree that in lieu of a trial de novo in court, the trial after arbitration shall be binding arbitration pursuant to the provisions of subparagraph A, above.
C. You agree to pay all attorney’s fees and other costs related to any and all collections efforts in which we receive any judgement or award against you, whether through arbitration or litigation.
- Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from PL is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
- Severability. If any provision of this agreement is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from this agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the agreement.
- Governing Law. This agreement is to be governed by and construed in accordance with the laws of the state of California, United States, without regard to choice of law principles.