(Updated January 12, 2015)(Updated March 31, 2015) (Updated July 7, 2015)(Updated September 20, 2015)(updated July 1, 2016)(Last updated February 2, 2017)
This is a legal agreement ("Agreement") between you and The Court Buddy Company, Inc., a Florida corporation ("Court Buddy"). By accessing the Court Buddy web site, currently located at www.courtbuddy.com (the "Site"), and using any of the Services (as defined below), information, software, or products accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. You also authorize Court Buddy to charge the credit card(s) that you freely and voluntarily enter on the Site for the services defined below. The payment authorization is for the amount indicated in your membership plan only. You further certify that you are the authorized user of the credit card(s) that you freely and voluntarily enter on www.courtbuddy.com and that you will not dispute the payment with your credit card company or bank; so long as the payment corresponds with the terms indicated in this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Court Buddy services consist of the following, without limitation: a wholly automated, double-blind patent-pending matchmaking service for people in the general public who need an attorney and wish to solicit an attorney for legal services, and attorneys who wish to be matched by people in the general public or other attorneys ("Matchmaking Service"), and any premium or exclusive services offered by or on behalf of Court Buddy ("Premium Services")(collectively, the "Services"). Court Buddy may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Court Buddy also reserves the right to cease offering any of the Services.
Please review this Agreement carefully, including the Arbitration provision in Section 14, which describes how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement. This Agreement is subject to change by Court Buddy in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the beginning of this Agreement to determine when the Agreement was last revised.
a. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Matchmaking Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
b. For Attorneys. By requesting to use, registering to use, and/or using the Matchmaking Service, you represent and warrant that you are an attorney, and a member in good standing with your state bar. Court Buddy reserves the right to conduct any background check, at any time using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
c. For General Users. By requesting to use, registering to use, and/or using the Matchmaking Service, you represent and warrant that you already have a pending case, legal matter, or hearing and agree to solicit attorneys to represent you in your pending case, legal matter, or hearing by answering automated questions and then ultimately getting blindly matched with your attorney(s).
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Court Buddy is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
b. Geographic Limitations. The Site and Services are intended for use in the United States and U.S. territories. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. By using the Services, you represent that you have not been designated by the United States government as a person, of whatever kind, to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction.
c. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. The service will share your information with your match(es) only after the match(es) is/are confirmed by you.
d. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions when meeting individuals once the match is confirmed by you. If you are not satisfied with an attorney in which you were matched, you may select an alternate attorney with whom you were matched. Other fee arrangements shall be negotiated directly between the user and the Service Provider, as needed. Important: Service Providers may require an upfront full or partial flat fee payment prior to delivery of services. Services Providers may also require additional payment for out-of-pocket expenses such as court costs and travel costs.
e. No Guarantees. Court Buddy may not be able to provide matches or leads for everyone seeking to use its services. Further, Court Buddy makes no guarantees as to the number or frequency of matches or leads through the Matchmaking Service, or to such matches’ ability, desire or criteria to communicate with any user, regardless of the type of membership you choose. You understand that, except as otherwise stated in this section, Court Buddy makes no guarantees, either express or implied, regarding your ultimate ability to engage a potential client (if you are an attorney), or your ultimate ability to engage an attorney (if you are a general user) you are matched with through the Matchmaking Service or as to the conduct of such individuals during the representation. For the purposes of this section, "matches" or "leads" are defined as the point when general users send attorney members they chose from Court Buddy's wholly-automated matchmaking system a private message on Court Buddy's private message board.
i. Pay-Per-Lead Money Back Guarantee. For Court Buddy Pay-Per-Lead Attorney Members Only. Court Buddy guarantees that your potential client/non-attorney leads will provide you with their contact information through Court Buddy’s private message board or your money back. The money back guarantee applies to pay-per-lead attorney members only. To qualify for the money back guarantee, attorney pay-per-lead members must email email@example.com with the name(s) of the leads who did not provide contact information. Attorneys agree to allow Court Buddy ten (10) business days to obtain the contact information from the leads. If, after the 10th business day, Court Buddy has unsuccessfully obtained the contact information from the leads and therefore has not provided the contact information to the attorney member, then the attorney will be issued a refund for the lead(s) who did not provide contact information to the attorney. For the purpose of this section, contact information is defined as a phone number or email address of a lead. For the purposes of this section, a lead that triggers payment under a pay-per-lead membership occurs at the point when a potential client/non-attorney sends a pay-per-lead attorney member a private message on Court Buddy’s private message board. Pay-per-lead attorney members will receive instant email notifications when a potential client/non-attorney lead wants to work with the pay-per-lead attorney member. Pay-per-lead attorney members may also download the FREE CourtBuddy Chat app (Google Play (android phones): http://bit.ly/2ajmXvM or iTunes (iPhones): http://apple.co/2apvlay) and receive push notifications to their phone each time a potential client/non-attorney sends a private message. It is up to each attorney member to finalize the engagement with their potential client/non-attorney lead(s).
f. Reporting of Violations. You will promptly report to Court Buddy any violation of the Agreement by others, including but not limited to, Registered Users.
g. Content Removal. Court Buddy reserves the right, but has no obligation, to monitor the information or material you submit to the Services. Court Buddy will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Court Buddy further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
h. Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy,harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Site or Services;
xv. uses the Site or Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
i. No False Information. You will not provide inaccurate, misleading or false information to Court Buddy or to any other user. If information provided to Court Buddy or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Court Buddy of such change.
j. No Junk or Spam Email. You will not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Court Buddy, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Court Buddy $500 for each such unsolicited communication you send through the Services.
k. Unique and Bona Fide Profile. As Registered Users of the Matchmaking Service, you will create only one unique profile. In addition, your use of the Matchmaking Service must be for the purpose of getting matched with general users in need of an attorney or law firm (if you are an attorney), or for the purpose of soliciting an attorney or law firm to represent you in a pending case, legal matter, or hearing in order to maintain the integrity of the Matchmaking Service (if you are a general user or attorney or law firm seeking coverage attorneys for hearings and depositions) For example, you may not become a Registered User solely to compile a report of potential clients or attorneys in your area. Not all registered users are available for matchmaking. From time to time, Court Buddy may create test profiles in order to monitor the operation of the Services.
l. No Harassment of Court Buddy Employees or Agents. You will not harass, annoy, intimidate or threaten any Court Buddy employee or agent engaged in providing any portion of the Services to you.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Court Buddy is the owner of highly valuable proprietary information, including without limitation, Court Buddy’s matchmaking system, profiles, and automated questionnaires (collectively, "Confidential Information"). Court Buddy owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, patented systems, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights, to wit: The Court Buddy Co., Inc..
c. Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Court Buddy or third party proprietary information available via the Services or the Site.
d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Court Buddy account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Court Buddy and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information.
b. Exchange of Information. You may, at your discretion, exchange your information with your match after you have been matched and a confirmation notice has been sent to both you and your match.
c. Disclosure By Law. You acknowledge and agree that Court Buddy may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Court Buddy's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
d. Use of Anonymous Information for Research. By using the Services, you agree to allow Court Buddy to anonymously use the information from you and your experiences through the Services to continue Court Buddy's research to improve the Services. However, we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
6. Disclaimer of Warranty.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COURT BUDDY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COURT BUDDY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COURT BUDDY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Disclaimer. COURT BUDDY IS NOT AN ATTORNEY, A LAW FIRM, A LAWYER REFERRAL SERVICE, OR A LAWYER DIRECTORY, AND THE EMPLOYEES OF COURT BUDDY ARE NOT ACTING AS YOUR ATTORNEY. COURT BUDDY DOES NOT PROVIDE ANY LEGAL ADVICE. THE USE OF COURT BUDDY, THE SITE, OR SERVICES DO NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND COURT BUDDY OR ANY COURT BUDDY EMPLOYEE. ANY SUCH USE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD BE USED ONLY AS A STARTING POINT FOR ADDRESSING YOUR LEGAL ISSUES. ANY INFORMATION PROVIDED BY COURT BUDDY IS NOT A SUBSTITUTE FOR AN IN-PERSON OR TELEPHONE CONSULTATION WITH AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION ABOUT YOUR SPECIFIC LEGAL ISSUE, AND YOU SHOULD NOT RELY UPON SUCH INFORMATION. ANY COMMUNICATION WITH COURT BUDDY OR ON THE SITE IS NOT SUBJECT TO AN ATTORNEY’S DUTY OF CONFIDENTIALITY AND IS NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR WORK-PRODUCT DOCTRINE. FOR THE AVOIDANCE OF DOUBT, BY USING COURT BUDDY, THE SITE, OR THE SERVICES, YOU HEREBY EXPRESSLY WAIVE ANY DUTY OF CONFIDENTIALITY THAT MAY BE IMPLIED TO ALL OF YOUR COMMUNICATIONS WHILE USING COURT BUDDY, THE SITE, OR THE SERVICES. COURT BUDDY WILL NOT INFLUENCE OR INTERFERE IN ANY MANNER WITH AN ATTORNEY’S OR GENERAL USERS INDEPENDENCE OF PROFESSIONAL JUDGMENT.
Attorney users must confirm for themselves that their activities, including their use of Court Buddy, are lawful. The laws governing attorneys vary by state, and the above description of the prevailing national view could vary in some particulars in certain states. Court Buddy is constantly at work to comply with new ethical rules in all states. However, attorney users, not Court Buddy, are responsible for ensuring their own compliance with applicable rules and regulations.
The hiring an attorney is an important decision that should not be based solely upon advertisements. Attorneys that you solicit for legal services may provide certain information regarding legal practice areas, pricing, and experience on their profiles. The profiles are advertisements and you should read and interpret them as such. Court Buddy does not investigate, verify or warrant the accuracy of such information. As stated, attorneys are solely responsible for the legal service provided directly to you, not through Court Buddy, using a separate attorney engagement agreement between you and the attorney. Court Buddy is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third party websites and content contained on such third party websites, or content of any other kind transmitted by attorneys, and any such reference(s) on the Site are not a sponsorship, endorsement, or recommendation by Court Buddy. As with all legal situations, you should discuss any concerns you may have regarding the legal representation with your attorney and get the costs and scope of your agreement for legal representation in writing. Most attorneys discourage the use of e-mail for confidential or sensitive information. The user is solely responsible for assessing the quality, integrity, and trustworthiness of all attorneys with whom the user communicates regarding his or her legal needs. Each attorney is solely responsible to the user for maintaining the attorney-client relationship and all legal services provided. Each attorney reserves the right to make independent professional judgments regarding the legal representations. Court Buddy has no influence on or involvement in the professional services of the attorneys. Court Buddy makes no representation 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.
c. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Court Buddy, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. COURT BUDDY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COURT BUDDY. UNDER NO CIRCUMSTANCES WILL COURT BUDDY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
d. Beta Features. From time to time, Court Buddy may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Court Buddy’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability.
a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COURT BUDDY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COURT BUDDY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COURT BUDDY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID COURT BUDDY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $10.00 USD OR ITS EQUIVALENT.
b. No Liability for non-Court Buddy Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COURT BUDDY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ATTORNEYS OR OTHER GENERAL USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. Court Buddy may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Court Buddy will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Court Buddy, its subsidiaries and/or parent companies, and each of their officers, directors, employees, agents, attorneys, and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any third party claim related to (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Court Buddy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Court Buddy in asserting any available defenses.
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the FAQs link located at the top of any page of the Site, or e-mail us at firstname.lastname@example.org. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) toThe Court Buddy Co., Inc., attn.: The Jones Firm, PLLC, registered agent, via facsimile at (305) 728-5288. All other communication or inquiries sent to this facsimile number related to Court Buddy will be discarded. Users also have the right to file a complaint with your state’s bar association concerning the conduct of an attorney.
10. Communication and Privacy.
We may use your email address to send you messages notifying you of important changes to the Services or special offers or promotions. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Court Buddy may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Court Buddy reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Court Buddy by you will be non-refundable and all outstanding or pending payments will immediately be due. You may terminate your account by selecting "Contact Us" on the drop down menu in the top right corner or bottom of the website, selecting "Membership And Subscription" under Inquiry Type, and sending a message which states that you are cancelling this Agreement, or words of similar effect, or by sending an email to email@example.com. Please include the e-mail address associated with your Court Buddy account in this notice. Following any termination of any user's use of the Services, Court Buddy reserves the right to send a notice thereof to other users with whom you have corresponded.
a. Cancellation. At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your membership or subscription to any Services at any time during the term of such registration or subscription or any renewal period by selecting "Contact Us" on the drop down menu in the top right corner or bottom of the website, selecting "Membership And Subscription" under Inquiry Type, and sending a message which states that you are cancelling this Agreement, or words of similar effect, or by sending an email to firstname.lastname@example.org. Please include the e-mail address associated with your Court Buddy account in this notice. In such case, your membership or subscription will terminate at the end of the membership or subscription term for which you have paid, and you will not receive any refund for any unused days of such membership or subscription term. For example, if you are a monthly member and started your membership on June 30th and you cancel on July 15th, you would not be billed on your next payment date or July 30th and will not receive a refund for the unused membership days of July 16th to July 30th. If you purchase a membership or subscription on an installation payment basis (such as a 12-month or 24-month payment plan), your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.
b. 48-Hour Cancellation. Regarding the matchmaking service, you may cancel your membership or subscription at any time prior to midnight of the second business day following the date of this Agreement, excluding holidays. To cancel this Agreement, select "Contact Us" on the drop down menu in the top right corner or bottom of the website, select "Membership And Subscription" under Inquiry Type, and send a message which states that you are cancelling this Agreement, or words of similar effect, or by sending an email to email@example.com. Please include the e-mail address associated with your Court Buddy account in this notice. Non-attorney users will be charged a $5 cancellation fee, and attorney users will be charged a $30 cancellation fee. For matchmaking services, the day that you submit a completed subscription form will be the date of this Agreement. Any refunds (less the cancellation fee) under this 48-hour cancellation policy will be made within 10 days after Court Buddy’s receipt of your cancellation notice.
c. Trials. From time to time Court Buddy may offer a trial membership that includes access to the matchmaking services during the trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 11:59 p.m. EST on the last day of the trial. Each trial membership automatically will convert to a monthly membership based on the price you selected during your initial sign up unless canceled by 12 p.m. EST on the day before the last day of trial. Unless Court Buddy expressly communicate otherwise, trial memberships are only available to new customers that have never had a Court Buddy membership before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
d. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all matchmaking services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
i. If you have prepaid any amount for the matchmaking service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
ii. "Disability" means a condition which precludes you from physically using the matchmaking service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Court Buddy.
iii. If the physician determines that the duration of the disability will be less than six (6) months, Court Buddy may extend the term of the matchmaking services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
i. Attorneys. If you cancel your Court Buddy membership, subscription or registration, there is currently a $59 reactivation fee if you want to return to Court Buddy in future months.
ii. General Users. If you cancel your Court Buddy membership, subscription or registration, there is currently a $9 reactivation fee if you want to return to Court Buddy in future months.
a. Billing Cycle. When you register and purchase your Court Buddy membership, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month (or each year for annual members) and you will be billed on the same date each month (or year). Court Buddy reserves the right to change the timing of its billing and to make make adjustments to the amounts charged, as appropriate. In the event your paying membership began on a day not contained in a given month, you agree to allow Court Buddy to charge you on a day in the applicable month or such other day as deemed appropriate. For illustration purposes only, if you started your Court Buddy membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and you would be charged on that date.
b. Price Changes. Court Buddy reserves the right to adjust membership pricing at any time. Unless Court Buddy expressly communicates otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a newsletter, email, on Court Buddy’s website or such other means as deemed appropriate from time to time.
c. Inability To Bill Your Account. If Court Buddy cannot bill your account, Court Buddy reserves the right to terminate your access to the Services or any portion thereof.
d. Gifts and Promotions. From time to time Court Buddy may make available itself or through third parties gift cards for a Court Buddy membership. The purchase and redemption of gift cards may be subject to additional terms. From time to time, other types of promotions, including through the use of promotional codes, may be available, including those provided as part of a third party promotion. Promotions and promotional codes may be redeemed as described in the specifics of the promotion. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional codes are only available to new customers that have never had a Court Buddy membership before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for promotions, your subscription may not be on “hold”. If you received a promotional code through an offer by a third party, additional conditions may apply.
In order to provide continuous service, Court Buddy automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, or in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under 12(a) "Cancellation-At Any Time With No Refund".
a. Arbitration of Disputes. You and Court Buddy agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of Court Buddy (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Court Buddy’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Court Buddy may elect to have resolved by means other than arbitration. Notwithstanding the above, Court Buddy is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND COURT BUDDY AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (subject to the exceptions listed in this subsection), and that our rights will be determined by a NEUTRAL ARBITRATOR OR ARBITRATION PANEL, NOT A JUDGE OR JURY.
b. No Class Actions. YOU AND COURT BUDDY ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor Court Buddy agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
c. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
d. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court, state or federal, in Florida.
e. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
16. General Provisions.
a. Right to Seek Injunction. Violation of this Agreement may cause Court Buddy irreparable harm, and therefore you agree that Court Buddy will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Court Buddy may have for a breach of this Agreement.
b. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Court Buddy regarding the use of this Service, superseding any prior agreements between you and Court Buddy related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Court Buddy to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Court Buddy’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit eHarmony to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
The Court Buddy Company, Inc.
701 Brickell Avenue, Suite 1550, Miami, FL 33131 USA
firstname.lastname@example.org (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
18. Disclosures and Notices
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 Court Buddy (including information provided by an attorney) 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.