1. Terms and Conditions
These Terms and Conditions are an agreement between you (“ Member”) and PlusCounsel ("Plus Counsel") regarding your use of the PlusCounsel benefits and features as set forth below. These Terms and Conditions, and the PlusCounsel.com terms and conditions, which covers your use of the information, software, products, and services contained in or available through the PlusCounsel’s website (and together, the “Agreement”), constitute a legal agreement between you and PlusCounsel regarding your access to, or use of Plus Counsel site and services being offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your membership or purchase of a PlusCounsel Legal Plan constitutes your acceptance and agreement to all such terms, conditions, and notices.
THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
We reserve the right to accept or refuse membership at our discretion. You may not transfer or assign your Legal Plan or these benefits; provided, however, that a Business Primary Member may extend coverage to his or her designated business, and a Member may extend coverage to his or her Primary Family Members (as defined below) (together with the Primary Member, each "Plan Member" and collectively the "Plan Group"). The "Effective Date" for each Plan Member other than the Primary Member shall be the date on which the Primary Member elects to extend coverage to such Plan Member.
3. Plans and Benefits
You may purchase from several options of PlusCounsel Legal Plans. All plans are month to month. There is no obligation to continue services, nor a penalty for termination of services. Plans may include certain access to Legal Information, which includes, but is not limited to, questions, answers, articles and legal forms that are available from time to time on the PlusCounsel.com website. For Primary Members (as defined below), Legal Plans may also include access to legal services from Servicing Attorneys and/or other Professionals on the terms and conditions as described herein. You may not transfer or assign your Legal Plan to another party.
For the purposes of this Agreement:
a. The term “Member” includes any individual who purchased a PlusCounsel membership Plan.
b. Members have access to pre-negotiated service commitments from a nationwide network of Attorneys and/or Professionals. Primary Members may receive the benefits described below from a third party independent attorney or law firm (“Service Provider”), but, not from any employee or agent of PlusCounsel. PlusCounsel does not provide legal services directly. All such services are delivered in connection with a separate relationship between the Service Provider and you, to which PlusCounsel is not a party. Each Service Provider is solely responsible for the legal services provided directly to you, using a separate attorney agreement between you and the Service Provider.
4. Benefits & Features
The following services may be available at no charge from Service Providers depending on your membership level:
- A Limited amount of consultations per month based on Membership Plan
- A set limit of legal document reviews, based on Membership Plan
- Download limited amount of documents based on Membership Plan
- Review of existing prenuptial agreement, Will, or Trust
When deemed appropriate by the Service Provider, such Service Provider may:
- write letters on the Member’s behalf, limit as pre-set
- make phone calls on the Member’s behalf, limit as pre-set
- provide assistance with Legal matters
- review by the Firm of legal documents and/or contracts, pre-set limit
- provide pre-trial pre-set limited hours
- provide pre-set Trial limited hours
Service Providers have agreed to provide Members of Plus Counsel discounted rates for certain services. If a Primary Member engages a Service Provider, such Service Provider has contracted to charge no more than their normal rate, or up to 25% off the Service Provider’s usual and customary rate, for legal care that goes beyond the benefits and features above.
In the case of additional services beyond the benefits and features listed above, including matters where the Service Provider provides a discounted rate price for their services, other fee arrangements shall be negotiated directly between the user and the Service Provider, as needed.
Important: Service Providers may require an initial retainer and/or independent retainer/engagement agreement prior to delivery of services. Services Providers may also require additional payment for certain services and out-of-pocket expenses.
Payment for any legal fees acquired outside benefits covered by Plus Counsel membership are the responsibility of the member. At no time Plus Counsel will be liable for any payments.
5. Legal Plans
Individual Plan Members may not consult about matters related to any business Membership Plan. Business coverage is provided in the Business memberships.
a. If a Plan Member engages the Firm for services that are not included in the Plan Benefits, the Firm shall provide such legal services at a discount of up to twenty-five (25%) discount from such Firm's standard rates for representation;
b. Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. PlusCounsel shall not be obligated to pay for any such services.
c. Note that PlusCounsel does not provide legal services. Attorneys made available through Legal Plans are third-party independent contractors who agree to provide legal services directly to you, not through PlusCounsel, via a separate retention agreement between you and the attorney shall services not be covered by plan benefits. Their contact information is provided as advertising. The attorneys have agreed to provide complimentary, legal consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. They may require you to meet at their office or another location convenient to them or may require a telephonic consultation. PlusCounsel makes no guarantees as to the substance of the attorney's advice.
d. Other Benefits, as applicable:
- download legal forms
- collection letters may be send out on Members behalf
- communication with creditor on Members behalf
- resolve identity theft affects
- general assistance with potential Legal matters
- discounts from several Service Providers
- basic website generation and hosting
- power of attorney to address issues
- advertisement / exposure on website ‘communication services’ and/or other avenues
- reduced fee services and/or savings through service providers
- assistance to obtain your free annual credit report
- bankruptcy review
- income tax review
PlusCounsel is not a law firm, and the employees of PlusCounsel are not acting as your Attorney. PlusCounsel does not practice law and does not give legal advice. PlusCounsel membership plans and website are not intended to create an attorney-client relationship, and by using PlusCounsel.com, no attorney-client relationship will be created with PlusCounsel.com. Instead, you are representing yourself in any legal matter you undertake through PlusCounsel.com's legal document provider. The use of PlusCounsel and its website is not a substitute for the advice of an attorney.
Furthermore, the legal information on pluscounsel.com website is not legal advice and is not guaranteed to be correct, complete or up-to-date. Laws may change and/or other reasons, thereby PlusCounsel cannot guarantee that all the information on its website is completely current. The law is different from jurisdiction to jurisdiction, and is also subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind PlusCounsel.com provides can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you will be put in contact with an Attorney in your State, you should consult other licensed Attorneys should you feel necessary.
e. Relationship with Service Providers
PLUSCOUNSEL IS NOT A “LAWYER REFERRAL SERVICE.”
PLUSCOUNSEL PROVIDES A PLATFORM FOR LEGAL INFORMATION, SELF HELP AND COLLABORATION. THE DIRECTORY OF LAWYERS PUBLISHED AT PLUS COUNSEL.COM IS FOR INFORMATION PURPOSES ONLY, IT INCLUDES BOTH LAWYERS AND NON-LAWYERS AND DOES NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL OF ANY LISTED LAWYER AND OR PROFESSIONAL SERVICE PROVIDER. THERE IS NO FEE SHARING ARRANGEMENT BETWEEN PLUSCOUNSEL AND ANY LISTED LAWYER AND/OR PROFESSIONAL SERVICE PROVIDER. BEFORE RETAINING A LAWYER, EVERYONE SHOULD CAREFULLY CONSIDER THE LAWYER’S KNOWLEDGE AND EXPERIENCE AND ASK FOR A WRITTEN LEGAL SERVICES AGREEMENT DETAILING THE TERMS AND CONDITIONS OF THE REPRESENTATION, INCLUDING ALL FEES, EXPENSES AND OTHER OBLIGATIONS.
6. Exclusions; Conflicts
The following items are specifically excluded from the Legal Plans, and are not benefits:
- Any action that directly or indirectly involves PlusCounsel or any of its affiliates, directors, agents, or employees;
- Any action that directly or indirectly involves any Service Provider; provided, however, that a Service Provider may, at its sole discretion and risk, represent an Primary Member in a matter in which another Service Provider is representing another party as legal counsel;
- For employer-sponsored Legal Plans, any action by an Primary Member of such Legal Plan that directly or indirectly involves such Primary Member’s employer sponsor;
- Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member
- Any matter involving the laws of jurisdictions outside of the United States;
- Any matter that, as determined by the Service Provider in the Service Provider’s sole discretion, is frivolous in nature or objective; or
- Any case matter or requested service that, as determined by the Service Provider in the Service Provider’s sole discretion, lacks sufficient merit to warrant pursuit.
- Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Plan Member's enrollment that did or may give rise to a lawsuit by or against such Plan Member; The Firm may, in its sole discretion and at its own risk, disregard this exclusion
- Any action that resulted in the prior recruitment or retention by the Member of another attorney; However, the Firm may, in its sole discretion and at its sole risk, disregard this exclusion.
7. Not Insurance
The Legal Plans offered through PlusCounsel are not insurance plans. PlusCounsel is not an insurance company and does not guarantee legal representation in every situation. The Legal Plans provide PlusCounsel customers with access to no-charge and discounted legal services from Service Provider Firms and Professionals. PlusCounsel does not reimburse or indemnify any Plan Member or pay any Firm for Attorney fees or expenses. PlusCounsel makes no payments to Firms and/or Service Providers.
a. General Practices
You acknowledge that PlusCounsel may establish general benefits and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary attorney consultations you may receive in a given period of time related to one or all subjects and such limits may vary from time to time.
b. Right to Change Benefits
You acknowledge that PlusCounsel reserves the right to change these general benefits and limits at any time, at its sole discretion, with or without notice.
c. Responsibility for Misuse
You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
PlusCounsel.com site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that PlusCounsel.com sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
PlusCounsel.com is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. The use of the PlusCounsel.com is at your own risk.
9. No unlawful and/or prohibited use
As a condition of your use of the PlusCounsel.com website, you warrant to PlusCounsel that you will not use the PlusCounsel.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PlusCounsel.com website in any manner which could damage, disable, overburden, or impair the PlusCounsel.com website or interfere with any other party's use and enjoyment of the PlusCounsel.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PlusCounsel.com website.
THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE PLUSCOUNSEL.COM WEBSITE (“PLUSCOUNSEL CONTENT”) ARE PROTECTED AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. PLUSCOUNSEL CONTENT IS NOT FOR RESALE. YOUR USE OF THE PLUSCOUNSEL.COM WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY PLUSCOUNSEL.COM CONTENT. YOUR USE OF THE PLUSCOUNSEL.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE PLUSCOUNSEL CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF PLUSCOUNSEL .
10. Use of Services
Members can only use the services available, if any such services do not conflict with or violate the Laws of Member’s Jurisdiction(s). PlusCounsel does not intend for users to participate in, if it is prohibited by the Laws of the Jurisdiction(s). Any availability of the PlusCounsel.com website and in the Jurisdiction(s) is not an invitation or offer by PlusCounsel to access or use PlusCounsel.com website and any services in which PlusCounsel user's access and usage will violate any Laws of the Jurisdiction(s). By using the PlusCounsel.com website and the Services , Member accepts sole responsibility for confirming that you or any related Member’s that uses or access PlusCounsel website does not violate any Laws of the Jurisdiction(s). PlusCounsel reserves the right to refuse membership, or suspend or terminate a user’s account immediately and without prior notice at our discretion.
Your privacy is very important to PLUSCOUNSEL, LLC ("PLUSCOUNSEL"). We want to make your experience using our services as beneficial, safe and rewarding as possible, and we want you to use the Internet's vast array of information, tools and opportunities with complete confidence.
PLUSCOUNSEL collects information in different ways from Users and Members who access the various parts of our website and Services accessible through our memberships. We use this information primarily to provide a customized experience as you use our services and, generally, we do share limited information with third parties “service providers.” We may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required or permitted by law or other special cases described below.
b. Registration and Account Information
Members are asked to provide certain personal information when they sign up for our services including name, address, telephone number, billing information (such as a credit card number), and email address. The personal information collected from Members through these forms is used to manage each member's account (such as for billing purposes) and provide Members with information about services that may be of interest to them. Billing information is not shared with third parties, unless specifically stated otherwise or in special circumstances. In instances where PLUSCOUNSEL and a service provider are assisting member, PLUSCOUNSEL may provide the service provider certain personal information, such as the name, address, phone number, and any pertinent information of persons who subscribed to the Services. In this instance, personal information may not be used by the partner for any other purpose.
c. PLUSCOUNSEL Partners and Sponsors
Most products and services are offered to members and users through our service providers (e.g., general information). To provide members and users with some of these products and services, PLUSCOUNSEL and/or service providers may need to collect and maintain personal information. In these instances, we will provide such data collected or transferred to our service providers.
d. Online Shopping
At some websites that you access through links on PLUSCOUNSEL you can purchase products and services or register to receive materials, such as a catalog or new product updates. In many cases, you may be asked to provide contact information, such as your name, address, e-mail address, phone number, and credit/debit card information. If you complete an order for a service that is not provided by PLUSCOUNSEL; PLUSCOUNSEL has no control over the third parties' use of any personal information you provide when placing such an order. Please exercise care when doing so. If you order products directly from PLUSCOUNSEL we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
e. Online Advertisements
PLUSCOUNSEL does not share personal information about its Members with advertisers.
f. Responses to E-mail Inquiries
When users or Members send e-mail inquiries to PLUSCOUNSEL, We will attempt to respond to email registered, as second option the return e-mail address is used to answer the e-mail inquiry we receive. PLUSCOUNSEL does not use the return e-mail address for any other purpose and does not share the return e-mail address with any third party.
g. Voluntary Customer Surveys
Pluscounsel may periodically conduct both business and individual customer surveys. We encourage our Members to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other PLUSCOUNSEL Members to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties. We may use the contact information to follow up with Members based on the answers they provide. We may also contact you to highlight the changes we have made in response to feedback.
h. Special Cases
It is PLUSCOUNSEL's policy not to use or share the personal information about users or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, PLUSCOUNSEL may disclose personal information about users or Members, or information regarding your use of the Services or websites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect PLUSCOUNSEL and our Members.
i. Public Forums
Please remember that any information you may disclose in spotlights/case studies, testimonials, forums, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
j. PLUSCOUNSEL's Commitment to Data Security
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.
k. How to Access or Modify Your Information
To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your control panel. Alternatively, you can contact PLUSCOUNSEL Support by phone or through our online support form.
Except as stated in this policy, we will never give out your information without your permission. As noted above, we may be required to share certain information if one of our service providers requires it, if a rare situation arises, we will always ask for your explicit permission first. We reserve the right to give out such information without explicit permission in the following circumstances:
- As and to the extent required or permitted by law, or where we believe in good-faith that it is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- When intended to report, prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise to take actions in connection with such activities;
- To enforce our Terms of Service or otherwise establish or exercise our legal rights or defense against legal claims;
When you become a member of PLUSCOUNSEL, You are automatically subscribed to receive notices about your account, e-mail newsletters and news of special promotions offered through PLUSCOUNSEL and/or in conjunction with service providers.
To unsubscribe from PLUSCOUNSEL newsletters and promotional mailings, please e-mail us at firstname.lastname@example.org.
Please note: PLUSCOUNSEL reserves the right to call, send e-mail and maintain communications relating directly to their accounts to all active members
All data collected at PLUSCOUNSEL is done so with the use of secure servers. The secure server software (SSL) encrypts all payment information you input before it is sent to us. In fact, for your further protection, our agents cannot view or access full, usable information about credit card. Furthermore, we take all foreseeable measures to protect the data we collect against unauthorized access.
p. Revisions to This Policy
PLUSCOUNSEL reserves the right to revise, amend, or modify this policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
12. Use of communication services
PlusCounsel.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
PlusCounsel has no obligation to monitor the Communication Services. However, PlusCounsel reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PlusCounsel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PlusCounsel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PlusCounsel's sole discretion.
PlusCounsel does not control or endorse the content, messages or information found in any Communication Service and, therefore, PlusCounsel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PlusCounsel spokespersons, and their views do not necessarily reflect those of PlusCounsel.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
13. Materials provided to PlusCounsel.com or posted at any PlusCounsel website
PlusCounsel does not claim ownership of the materials you provide to PlusCounsel (including feedback and suggestions) or post, upload, input or submit to any PlusCounsel.com website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PlusCounsel, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PlusCounsel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PlusCounsel's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
14. Links to third party sites / Third party services
The PlusCounsel.com website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PlusCounsel and PlusCounsel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PlusCounsel is not responsible for webcasting or any other form of transmission received from any Linked Site. PlusCounsel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PlusCounsel of the site or any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites.
Certain services made available via PlusCounsel.com are delivered by third parties. By using any product, service or functionality originating from the PlusCounsel.com domain, you hereby acknowledge and consent that PlusCounsel may share such information and data with any third party with whom PlusCounsel has a contractual relationship to provide the requested product, service or functionality on behalf of PlusCounsel.com users and customers.
You acknowledge and agree that PlusCounsel may establish general guidelines regarding, including without limitation, the maximum number of legal services you may receive in a given period of time. In addition, you are responsible for all expenses incurred or other actions that may occur through your use of. You also acknowledge and agree that PlusCounsel reserves the right to modify or amend these general guidelines at any time, in its sole discretion, with or without notice. The details or availability of in any state is subject to change without notice.
a. Legal Plan Membership Fees
By opting to purchase a Legal Plan, you hereby agree to make an initial payment immediately upon placing order. You also hereby authorize Pluscounsel to charge your credit card on approximately the same date of initial payment. If the purchase date is on the 29th through 31st day of the month, the billing date for months with fewer days will fall on the last day of the month. Each payment will be the same amount. In the event a monthly debit is declined, PlusCounsel will make an additional two attempts to successfully debit your account with the following 30 days. By agreeing to the terms of this Agreement, Member acknowledges that such additional debts are authorized and PlusCounsel will not be liable for any bank charges that Member incurs as a result of such charges.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with "Fee Adjustments" below. For any Legal Plan you purchase, upon purchase, you agree that for each renewal term (month to month) for such Legal Plan. EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
Your Legal Plan subscription will renew automatically on (the "Billing Date") and will continue on a month to month basis, unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged every month for your Legal Plan subscription on your Billing Date. Unless otherwise notified in advance by either PlusCounsel or Member pursuant to this Agreement, the monthly charge will be equal to the original purchase price for the Legal Plan.
You agree to pay PlusCounsel the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions, or where limited by law.
c. Refund Policy
PlusCounsel may grant a refund to a customer within the first thirty (30) calendar days, if a 3 day notice is given from initial purchase. If you choose to terminate your plan, you may do so with a Fifthteen (15) calendar days’ notice of cancellation prior to scheduled billing date. Customers must contact PlusCounsel directly at 800-671-2345 or mail to cancel the membership.
Any amounts paid prior to your cancellation will not be refunded.
e. Return Policy
If an item purchased through pluscounsel.com has not met your expectations, you may bring it back. If an item you’ve purchased turns out to be unsuitable, you may return it. In either case, simply return the item for exchange, refund, repair, or credit.
f. Attorney Fees
Fees for non-complimentary attorney services provided pursuant to a Legal Plan subscription shall be paid directly to the providing Firms. Participating Firms and attorneys are not employees or agents of PlusCounsel, and have no financial obligation to PlusCounsel.
g. Fee Adjustments
PlusCounsel may increase its fees for any Legal Plan subscription effective the first day of a renewal term by giving you notice of the new fees at least thirty (60) days before the beginning of the next billing date. If you do not cancel your subscription, you shall be deemed to have accepted the new fee for the month to month agreement. Reductions in fees become effective on the next billing date.
UNLESS YOU NOTIFY US 15 DAYS BEFORE THE BILLING DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.
We will charge or debit your payment method at the beginning of your subscription. On future payments, we will use the payment method currently associated with your account. If your credit or debit account has been closed or your payment method is otherwise invalid for 30 days, your subscription may not renew and your membership will be canceled. You can view your payment method at any time by logging into pluscounsel.com .
a. By PlusCounsel.
(i) If payment is not made on the Billing Date, you will have one (1) month of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan subscription, your non-payment may result in suspension of service and subsequent termination of your Legal Plan subscription.
(ii) Your right to use a Legal Plan subscription is subject to any limits established by PlusCounsel. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, PlusCounsel reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement. If a charge made to your credit card is declined, PlusCounsel may make up to four (2) attempts to bill that card over a thirty (30) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; Accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
b. By Subscriber
(i) After you have executed this Agreement, you have three (3) days in which to examine it. If during this period you decide that you are not satisfied with the Agreement, you may cancel with us and have any prepaid amounts refunded. If the Agreement is cancelled and you have not obtained any services or benefits pursuant hereto within this time period, 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.
(ii) You will have the right to cancel your Legal Plan subscription by providing at least FIFTHTEEN (15) days' notice before the start of the next billing period for such subscription. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.
(iii) To cancel services, you may:
- Call member care at (800)671-2345
- Email member care at email@example.com
- Write PlusCounsel LLC at 4025 Camino Del Rio S, Suite 301, San Diego, CA 92108
(iv) Until you cancel, billing will continue according to the cycle stated at the time of your purchase.
Automatically renewing monthly Membership subscriptions are non-refundable. If you choose to cancel, your subscription will expire thirty (30) days from the last payment. Any amounts paid prior to your cancellation will not be refunded.
c. Services after Termination
After termination of your Legal Plan subscription, either by you or by PlusCounsel, you will not be able to access the corresponding Legal Plan offerings; Any access rights to a Legal Plan granted to you through a separate Membership will remain in full force and effect unless and until separately terminated or cancelled.
d. Termination/access restriction
PlusCounsel reserves the right, in its sole discretion, to terminate your access to the PlusCounsel.com website and the related services or any portion thereof at any time, without notice.
e. Termination/Cancellation Options
You may terminate any plan at any time within 3 calendar days of enrollment and may request a full refund under PlusCounsel’s 3-day money back policy.
If you are enrolled, you may choose to cancel your plan at any time prior to the next billing date with fifthteen (15) calendar days’ notice. During such 15-day notice period, you will continue to have access to PlusCounsel’s website and services.
If you fail to provide on-time full-subscription payments, PlusCounsel reserves the right to cancel your account.
Please note that termination/cancellation does affect your ability to access the documents on PlusCounsel’s website. If you violate any of PlusCounsel’s Terms and Conditions, PlusCounsel reserves the right to terminate your PlusCounsel membership immediately. For termination for violation of the Terms and Conditions, there will not be a 30-day notice period and you will not continue to have access to PlusCounsel’s website and services.
19. Dispute Resolution
The parties agree to arbitrate all disputes and claims pursuant to the terms of service of PlusCounsel.
- Dispute Resolution by Binding Arbitration
Parties each agree to resolve to attempt to resolve disputes without the use of third parties, in the event disputes can not be resolved, then disputes resolution shall be through binding arbitration, or mediation instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award; PlusCounsel will pay reasonable attorneys’ fees should you prevail. Plus Counsel may also seek attorney fees if it prevails. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
- Arbitration Agreement
PlusCounsel and you agree to arbitrate all disputes and claims.
References to "PlusCounsel", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief on your behalf. You agree that, by entering into this Agreement, you and PlusCounsel are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to PlusCounsel should be addressed to PlusCounsel, 4025 Camino Del Rio South, Suite 301, San Diego, CA. 92108 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If PlusCounsel and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or PlusCounsel may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PlusCounsel or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PlusCounsel is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "Rules") of the American Arbitration Association ("AAA"). The Rules are available online at adr.org, by calling 800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and enforcement of the arbitration provision. Unless PlusCounsel and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. We may agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Rules. Otherwise, the right to a hearing will be determined by the Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PLUSCOUNSEL, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PlusCounsel agree otherwise, 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if PlusCounsel makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
20. Waiver of Jury Trial
Both PlusCounsel and Members, SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY COURT WITH RESPECT TO ANY CONTRACTUAL, TORTIOUS OR STATUTORY CLAIM, COUNTERCLAIM OR CROSS-CLAIM AGAINST THE OTHER ARISING OUT OF OR CONNECTED IN ANY WAY TO THIS AGREEMENT.
21. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLUSCOUNSEL.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLUSCOUNSEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLUSCOUNSEL.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PLUSCOUNSEL.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PLUSCOUNSEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLUSCOUNSEL.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PLUSCOUNSEL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
For any issues pertaining to website, contact: firstname.lastname@example.org
22. Plan Limitations
Individual Plan Members may not use their Benefit Plans for matters related to the Individual Plan Member's business. PlusCounsel only provides business services for Business Plan Members.
Nothing in the Benefit Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. PlusCounsel shall not be obligated to pay for any such services independent this Agreement.
Note that PlusCounsel does not provide services. Attorneys made available through Benefit Plans are third-party independent contractors who agree to provide services directly to Member, not through PlusCounsel, via a separate retention agreement between Member and the attorney shall services not be covered by plan benefits. Their contact information is provided as advertising. The Service Providers have agreed to provide complimentary, legal consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. They may require Member to meet at their office or another location convenient to them or may require a telephonic consultation. PlusCounsel makes no guarantees as to the substance of the attorney's advice.
Consultations provided as part of PlusCounsel’s Benefit Plans may be limited to fifteen minutes or what the Service Provider deems appropriate. All Service Providers reserves the right to schedule consultations according to the Service Provider’s schedule. Service Provider’s reserve the right to disallow two consecutive consultations within a 72 hour period. Moreover, Service Provider may require that consultations be limited in topic to one particular subject or matter.
PlusCounsel’s Benefit Plans exclude coverage for pre-existing litigation cases in which an initial proceeding has been filed with a court of law at the inception of the Member’s Benefit Plan. However, Service Providers have the discretion to provide consultations and services discounted up to 25% for services provided for pre-existing litigation cases.
PlusCounsel is not a lawyer referral service, insurance product. PlusCounsel is not a law firm and does not give legal advice. The PlusCounsel.com website does not create an attorney-client relationship between you and PlusCounsel. The PlusCounsel.com website is an online venue that facilitates communication between potential users of legal services and legal professionals as well as provider of legal forms and support. By using PlusCounsel, you acknowledge that you are initiating contact with prospective Service Providers. Any communications with PlusCounsel do not create an attorney-client relationship with PlusCounsel and are not subject to an attorney’s duty of confidentiality. Any information provided on the site is not a substitute for the advice of an attorney.
Services provided by PlusCounsel will vary from state to state.
PlusCounsel will not be able to assist Members on all matters. Such matters that PlusCounsel will assist are limited to the availability of Service Providers. PlusCounsel does not guarantee that Primary Members will successfully find legal representation through PlusCounsel. Hiring an attorney is an important decision that should not be based solely upon advertisements. Service Providers may provide certain information regarding legal practice areas, pricing, and experience on their Lawyer Profiles. The Lawyer Profiles are advertisements and you should read and interpret them as such. PlusCounsel does not warrant the accuracy of such information. As stated, Service Providers are independent third-parties who are solely responsible for the legal service provided directly to you, not through PlusCounsel, using a separate attorney retainer agreement between you and the Service Provider as applicable.
The Member is solely responsible for assessing the quality, integrity, and trustworthiness of all persons with whom the Member communicates regarding his or her legal needs. Each Service Provider is solely responsible to the Member for maintaining the attorney-client relationship and all legal services provided. Member authorizes Service Provider to provide PlusCounsel with general updates as to the status of representation so long as Service Provider does not violate any attorney-client privilege or other professional privilege. Each Service Provider reserves the right to make independent professional judgments regarding the legal representations. PlusCounsel has no influence on or involvement in the professional services of the Service Providers. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other attorneys. Results of an attorney’s prior legal representation do not guarantee a similar outcome.
24. Professional, Independent Attorney Judgment
Attorneys performing legal services for Legal Plan Members and/or Professional Service Providers under the terms of this Agreement are not agents or employees of PlusCounsel. Any attorney rendering legal services to Plan Members under a Legal Plan shall maintain the attorney-client relationship with the Plan Member, and is solely responsible to the Plan Member for all legal services provided. It is within the sole discretion of the attorney to determine whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim or defense. Participating attorneys reserve the right to make independent professional judgments regarding such presentations. PlusCounsel will in no way influence or attempt to affect the rendering of professional services of the participating attorneys.
25. Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Member and PlusCounsel with respect to the PlusCounsel.com website and its services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PlusCounsel with respect to the PlusCounsel.com website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without PlusCounsel's written consent. PlusCounsel's rights under the Terms and Conditions are freely transferable by PlusCounsel. Any failure by PlusCounsel to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.
26. Authority to Enter Agreement
By signing this Agreement, accepting it, or making purchse on site, you acknowledge that you have read and understood this Agreement in its entirety. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you are of legal age and 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 you do not have such authority or if you do not agree with these Terms and Conditions, you may not sign up for or use our services. If PlusCounsel discovers that you do not have authority to bind the entity for which you have purchased the membership, you will be personally responsible for the obligations in this Agreement and your PlusCounsel account, including without limitation, any payment obligations. PlusCounsel is 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 delivered by an authorized representative of your company. If there is reasonable doubt regarding the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you. You must immediately alert PlusCounsel of any fraudulent, unauthorized, illegal, or suspicious use of , or any other breach of security or unauthorized or illegal activity that you reasonably suspect.