Legal Plan Contract"
THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
1. Plan Membership. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your Legal Plan or these benefits; provided, however, that a Business Advantage Pro Primary Member may extend coverage to his or her designated business, and a Legal Advantage Plus Primary Member may extend coverage to his or her Eligible Family Members (as defined below) (together with the Primary Member, each a "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.
a. For the purposes of this Agreement, the term "Eligible Family Member" shall include:
i. The Primary Member's spouse or domestic partner;
ii. Any dependent who is under the age of 23;
iii. Any dependent child, regardless of age, who is incapable of sustaining employment by reason of mental or physical disability; and
iv. Any dependent individuals living in the Primary Member's home such as a parent or grandparent.
Each Eligible Family Member to whom you extend coverage under this contract is bound by the terms of this contract.
2. Benefits of Legal Plans. The Legal Plans provide the following benefits.
a. Business Advantage Pro includes a free membership in Business Advantage Standard and one LegalZoom Copyright per month (excluding all filing fees).
b. Legal Advantage Plus includes a free membership in Continuing Coverage Plan.
USE OF THE BUSINESS ADVANTAGE STANDARD AND THE CONTINUING COVERAGE PLAN IS SUBJECT TO THESUPPLEMENTAL TERMS FOR ADVANTAGE SUBSCRIPTIONS , WHICH IS INCORPORATED HEREIN BY REFERENCE.
c. A subscription to a Legal Plan provides the following additional benefits (collectively, the "Plan Benefits"):
(i) Telephone consultations with a participating firm (the "Firm"), during normal business hours, of up to one half (1/2) hour each, limited to one consultation per Plan Group for each new legal matter. If the Firm determines after the initial consultation that a letter would be of further assistance to a Plan Member, such Firm, in its sole discretion, may provide, at no additional charge one letter of up to two (2) pages on the Plan Member's behalf. Telephone consultations may not include discussion of any of the following:
1. Tax-related matters;
2. Legal Advantage Plus Plan Members may not consult about matters related to any Plan Member's business. Business coverage is provided in the Business Advantage Pro membership.
(ii) Review by the Firm of legal documents of up to ten (10) pages, limited to review of one (1) document per Plan Group for each new legal matter. The Firm shall provide one (1) telephone consultation, during normal business hours, about the reviewed document and a written summary of such consultation.
(iii) Once during each membership year, the Primary Member shall be entitled to a legal check-up (the "Legal Check-Up"). The Legal Check-Up is intended to provide the Primary Member with an (a) assessment of his or her legal profile and recommendations based on significant issues or gaps or (b) update of a previous Legal Check-Up considering changes in life, circumstances, legal profile, and applicable law. The Legal Check-Up shall include a telephone consultation, during normal business hours, of up to one (1) hour to discuss the Primary Member's legal portfolio, potential updates over the previous year, and recommendations. The Firm shall provide a written summary of the consultation and any recommendations to the Primary Member's legal documents or strategies. The Legal Check-Up shall become available to a Primary Member only after six (6) months of membership in the Legal Plan;
(iv) If a Plan Member engages the Firm for services that are not included in the Plan Benefits described in subsections (c)(i) - (c)(iii) above, the Firm shall provide such legal services at a twenty-five (25%) discount from such Firm's standard rates for representation, as such rates are reported to LegalZoom;
(v) 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. LegalZoom shall not be obligated to pay for any such services.
d. Please note that LegalZoom 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 LegalZoom, via a separate retention agreement between you and the attorney. Their contact information is provided as advertising. The attorneys have agreed to provide complimentary, thirty-minute consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. A conflict check will apply. They may require you to meet at their office or another location convenient to them or may require a telephonic consultation. LegalZoom will not select an attorney for you. LegalZoom makes no guarantees as to the substance of the attorney's advice.
3. Exclusions; Conflicts.
a. The following items and matters are specifically excluded from the Legal Plans, and are not to be considered or treated as Plan Benefits:
(i) Any action that directly or indirectly involves LegalZoom.com, Inc. or any of its affiliates, directors, agents, or employees;
(ii) Any action that directly or indirectly involves any Firm providing legal services under the Legal Plans; provided, however,that a Firm may, at its sole discretion and risk, represent a Plan Member in a matter in which another affiliated Firm is representing another party as legal counsel;
(iii) For employer-sponsored Legal Plans, any action by a Plan Member of such program that directly or indirectly involves his or her employer sponsor;
(iv) Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member in any Plan Group;
(v) 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;provided, however, that the Firm may, in its sole discretion and at its own risk, disregard this exclusion;
(vi) Any action that resulted in the prior recruitment or retention by the Plan Member of another attorney; provided, however,that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;
(vii) Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;
(viii) Any appeal to an appellate court (i.e., not a trial court); provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;
(ix) Any matter that, in the Firm's opinion, is frivolous in nature or objective; or
(x) Any case matter or requested service that is determined by the Firm to lack sufficient merit to warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
b. If the interests of the Primary Member of a Plan Group are adverse to those of another Plan Member in that same Plan Group, only the Primary Member is entitled to receive the applicable Plan Benefits.
4. Not Insurance. The Legal Plans offered through LegalZoom are not contracts of insurance or indemnification insurance plans. LegalZoom is not an insurance company and does not guarantee legal representation in every situation. The Legal Plans provide LegalZoom's customers with access to free and discounted legal services from member Firms. LegalZoom does not reimburse or indemnify any Plan Member or pay any Firm for attorney fees or expenses. LegalZoom makes no payments to Firms in Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, and Massachusetts.
a. General Practices.
You acknowledge that LegalZoom may establish general practices 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.
b. Right to Change Practices.
You acknowledge that LegalZoom reserves the right to change these general practices and limits at any time, in 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.
6. 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 you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any Legal Plan. 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.
a. Legal Plan Membership Fees.
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 that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, 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. For more information regarding canceling your Legal Plan subscription, see the "Termination or Cancellation" section below.
To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
If you have purchased an automatic renewing plan from LegalZoom, your Legal Plan subscription will renew automatically at the end of the initial term (the "Billing Date") and at the end of each term thereafter 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 for the renewal term of your Legal Plan subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. LegalZoom may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by LegalZoom pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
You agree to pay LegalZoom 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 which may include additional terms and conditions presented with the offer, or where limited by law. A schedule of fees for the Legal Plan subscriptions is set forth below:
Business Advantage Pro subscription: $29.99 per month
Legal Advantage Plus subscription: $14.99 per month
c. Notice of Automatic Renewal.
If applicable, we will send a reminder email to the email address of record for your account approximately one week before your Billing Date. 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 LegalZoom to send the email does not create any liability on the part of LegalZoom or any third-party service provider.
d. Promotional Trial Memberships.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING 877-657-8787, YOUR LEGAL PLAN SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
e. 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 LegalZoom, and have no financial obligation to LegalZoom.
8. Fee Adjustments. LegalZoom 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 (30) days before the beginning of the renewal term. If you do not cancel your subscription pursuant to Section 10, 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). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.
9. Termination or Cancellation.
a. By LegalZoom.
(i) If payment is not made on the Billing Date, as described in Section 7 above, you will have until the one (1) month anniversary of your Billing Date (in Texas and Massachusetts, this grace period will be thirty-one (31) days) 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 LegalZoom 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, LegalZoom reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of LegalZoom hereunder. If a charge made to your credit card is declined, LegalZoom may make up to five (5) 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; provided, however,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 received this Agreement in your Member Center, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Agreement, you may return the Agreement to us and have any prepaid amounts refunded. If the Agreement is returned and you have not sought legal services 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 calling our Customer Care Center at (800) 773-0888. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.
c. Services after Termination.
After termination of your Legal Plan subscription, either by you or by LegalZoom, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan subscription) will remain in full force and effect unless and until separately terminated or cancelled.
10. Dispute Resolution. The parties agree to arbitrate all disputes and claims pursuant to the Terms of Service of LegalZoom.com. A Plan Member has the right to file a complaint with his or her state's bar association concerning the conduct of an affiliated attorney under the Legal Plan.
11. Professional, Independent Attorney Judgment. Attorneys performing legal services for Legal Plan Members under the terms of this Agreement are not agents or employees of LegalZoom. 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. LegalZoom will in no way influence or attempt to affect the rendering of professional services of the participating attorneys.
12. 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 LegalZoom (including information provided by a Firm or an attorney offering a free consultation) 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.
13. Additional Notices.
a. Notice to Texas Residents: LegalZoom's Legal Plans and all sales representatives of such plans are licensed and regulated by the Texas Department of Licensing and Regulation, which can be contacted by telephone at (800)-803-9202 or by email at CS.Legal.Service.Contracts@license.state.tx.us. All Legal Plans are provided and administered by LegalZoom.com, Inc., 101 N. Brand Blvd., 11th Floor, Glendale, CA 91203.
b. Notice to Mississippi Residents: No statements by a Plan Member, his or her employees, or other members of his or her Plan Group in the Legal Plan application shall void this Agreement or be used in any legal proceeding hereunder, unless such application or an exact copy thereof is included in or attached to this Agreement.
c. Notice to Indiana Residents: A Plan advisory group meets regularly to evaluate the operation of the Legal Plans and suggest improvements. The Legal Plans comply with Indiana Supreme Court Admission and Discipline Rule 26. However, satisfaction of the conditions under that rule shall not be construed as an approval of the Legal Plans by the Supreme Court of Indiana.
Updated February 14, 2014