a. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Matching Service and consenting to this Agreement, you represent and warrant that you are at least 18 years old.
b. For General Users. By requesting to use, registering to use, and/or using the Matching Services, you represent and warrant that you have a pending case, legal matter, hearing, or issue about which you want a legal consultation and agree to solicit attorneys to consult with and represent you in your pending case, legal matter, or hearing by answering automated questions and then ultimately getting blindly matched with your potential attorney(s). Your use of the Site and the Services is contingent upon your providing such representations and warranties.
As a party to this Agreement, 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/or passwords.
b. Restrictions on External Referrals. Court Buddy’s Site and Services are intended to allow you to be matched with multiple attorneys, who will be presented to you one at a time after they have verified their availability, until you find one well suited to help you with your legal needs. The attorneys within the Court Buddy system have given us certain representations concerning their abilities to assist you. If you do not accept a match with any one potential attorney, you agree to consider your other attorney matches through Court Buddy. You agree not to contact your matched attorneys outside of the Court Buddy platform for purposes of engaging them. Similarly, your attorney matches are not to make referrals to you to external attorneys, that is, to attorneys outside the Court Buddy system, and you would assume all risks of going outside the system if you were to make such a match or accept such a referral. Contacting your matched attorneys outside the Court Buddy platform for purposes of engaging their services or taking external referrals may result in forfeiture of your Court Buddy membership and access to attorneys within the Court Buddy system.
c. Geographic Limitations. The Site and Services are intended solely for use in the United States and U.S. territories. Court Buddy does NOT currently intend to collect data or information from any EU citizen. You hereby represent and warrant that you are NOT a EU citizen, and your use of the Site and Services is contingent upon the truthfulness and ongoing validity of those representations and warranties. You will only use the Site and Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. By using the Site and Services, you represent that you have not been designated by the United States government, any state government, and/or any other government or regulatory body as a person, of whatever kind, to whom use of the Site and/or provision of the Services are prohibited. Registration for, and use of, the Site and Services are void where prohibited. You are responsible for determining whether the use of the Site and Services is legal in your jurisdiction.
d. Information Submitted. You are solely responsible for, and assume all liability regarding the truthfulness and validity of, (i) the information and content you contribute to the Site and Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Site and Services; and (iii) your interactions with other Registered Users through the Site and Services.
e. Risk Assumption and Precautions. You assume all risk when using the Site and 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 with whom you were matched, you may elect to be matched to an alternate attorney. Important: Court Buddy may require an upfront full or partial payment prior to your being matched with an attorney to deliver services (a “Payment”) to be securely held in the CB Direct Pay™ system. In the event a Payment is required, it will be credited towards your legal consultation and first service. By making a Payment, you are agreeing to proceed to employ an attorney who you are matched with through Court Buddy to provide you with the requested service for the specified rate. If you do not proceed with the work, or you otherwise attempt to pay your attorney outside of the CB Direct Pay™ system, you assume the risk of loss of payment protection and understand that you will forfeit your Payment. In the unlikely event that Court Buddy cannot match you with an attorney, Court Buddy will refund the Payment to you in full. Attorney service providers may require additional payments for subsequent flat-fee work or for reimbursement of out-of-pocket expenses such as court filing costs, which also must be paid and processed through the CB Direct Pay™ system. It is recommended that the terms of any agreement for legal work and payments should be arranged for and memorialized between you and your attorney service provider in a written engagement agreement, which can be posted to your Court Buddy account.
f. Exclusive Use of Court Buddy Platform and CB Direct Pay™. As part of your membership in Court Buddy’s Services, Court Buddy provides you with a private and secure message board, and the CourtBuddy Chat® app, through which you can exchange messages with potential attorney matches, explain the services you need, and work with your attorney on your legal matter. Court Buddy’s CB Direct Pay™ system will also allow you to make Payments, fund your first legal consultation and service and any subsequent work you may need, and securely holds the funds for you while the legal services are being performed. These features are provided as a convenient tool for you, to facilitate secure communication, to allow you to select a legal service to be done for you at a set price-point that is within your overall case budget and be matched with an attorney who agrees to work at that price, to see what, if any, additional legal services are being proposed by your attorney and what you agree to, and to provide assurances that the fees you post will be kept secure and will be available when your attorney has completed the work and/or it is otherwise time to pay the attorney. It is recommended that the terms of your agreement with your attorney should be put in writing in an engagement agreement, which can be posted to your Court Buddy account. You understand and assume the risk that failure to finalize the terms of legal representation on the private message board and/or have your attorney upload a written engagement agreement may result in lack of evidence of proof of your agreement if a dispute arises. Moreover, you agree to exclusively utilize CB Direct Pay™ to fund legal services and process payments, and understand and assume the risk that failure to utilize the CB Direct Pay™ system will result in loss of your payments, loss of payment protection, forfeiture of your Court Buddy membership and access to attorneys and potential attorneys.
g. Secure Holding & Release of Funds. Court Buddy will process payments through CB Direct Pay™ as follows: clients will select the services they need and make full or partial Payments, if requested, towards payment for those services. The Payments are credited towards payment. Once the services have been funded, the funds are securely held in the CB Direct Pay™ system, so that the money will be available to pay the attorney users when the work is done. Attorney users may request the release of the funds, and Court Buddy will release the funds provided the client users confirm the request. It is strongly suggested that before a client user authorizes the release of funds, the client user confirms for themselves that the attorney has completed the services. Court Buddy assesses client users a service fee to securely hold and process client funds in the CB Direct Pay™ system. That service fee is assessed on each transaction processed through the CB Direct Pay™ system. Court Buddy earns its service fee from its client users when the funds are placed in the CB Direct Pay™ system, and the service fee is non-refundable. Court Buddy also charges client users a nominal service fee to process cost reimbursement requests through the CB Direct Pay™ system: that service fee is only as high as needed to cover Court Buddy’s own transaction processing costs.
h. Fee Disputes. In the event that a dispute arises between an attorney user and a client user, Court Buddy will release only that portion of the funds that are undisputed by the client, and will hold the remaining portion secure pending resolution of the dispute between the attorney and client. Court Buddy encourages client users and attorney users to attempt to resolve any fee disputes in good faith before the funds are released from the CB Direct Pay™ system. Court Buddy will not be in a position to obtain refunds for client users from attorney users once the client users have authorized the release of the funds held in the CB Direct Pay™ system.
i. No Guarantees. Court Buddy may not be able to provide matches for everyone seeking to use the Services. "Matches" are defined as the point when general users submit information to Court Buddy, and Court Buddy’s wholly-automated matching system indicates that there is one or more attorney(s) available to be matched with the general user in response to the information provided. Court Buddy makes no guarantees as to the number or frequency of matches generated through the Matching Service, or to such matches’ availability or ability to perform services, 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 any potential attorney that you are matched with through the Matching Service or as to the conduct of such individual(s) during the representation. Court Buddy cannot guarantee the outcome of any court case or legal matter.
j. Reporting of Violations. You will promptly report to Court Buddy any violation of the Agreement by others upon such violation becoming known to you, including but not limited to, any violation by Registered Users.
k. Content Removal. Court Buddy reserves the right, but has no obligation, to monitor the information or material you submit to the Site or through 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, the letter or spirit of this Agreement, or upon the reasonable 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 and/or other members have quality experiences on the Site.
l. Posting and Communication Restrictions. You will not post on the Site, 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 and/or content in which others have intellectual property rights (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining express written permission first;
v. contains video, audio, photographs, or identifying images of another person without his or her express written permission; however, in no case shall you post on the Site, transmit to other users, or communicate any content (or links thereto) containing any information, video, audio, photographs, or identifying images referring or relating to anyone under 18;
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, disseminates personal information referring or relating to anyone under 18, and/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, solicits, uses or reveals data or information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
m. No False Information. You will not provide inaccurate, misleading or false information to Court Buddy or to any other user. If you discover that information provided to Court Buddy or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Court Buddy of such change.
n. 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 Site or 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 Site or Services, you acknowledge that you will have caused substantial and irreparable harm to Court Buddy, and, further, that legal, monetary relief would not fully compensate Court Buddy for the breach. You therefore agree that Court Buddy may seek immediate, extraordinary relief in a court of competent jurisdiction, including but not limited to temporary restraining orders, preliminary injunctions and/or permanent injunctions, in addition to any request for legal, monetary relief, without posting bond or other security, in the event of any alleged breach of this subsection. Moreover, you also agree that the exact amount of harm caused Court Buddy would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Court Buddy $500 for each unsolicited communication you send and/or that is received through the Site or Services as the result of your actions. Finally, in any dispute arising under this subsection of this agreement, the prevailing party shall be awarded his or her reasonable attorney’s fees and costs.
o. Unique and Bona Fide Profile. As a Registered User of the Matching Services, you will create only one unique profile. In addition, your use of the Matching Service must be for the purpose of soliciting an attorney to represent you in a pending case, legal matter, or hearing in order to maintain the integrity of the Matching Service (if you are a general user or attorney or law firm seeking coverage attorneys for hearings and depositions). By way of example only and without limitation, you may not become a Registered User solely to compile a report of potential attorneys in your area. Not all registered users are available for matching. From time to time, Court Buddy may create test profiles in order to monitor the operation of the Services.
p. 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.
a. Court Buddy’s Ownership of Confidential Information. You hereby acknowledge and agree that Court Buddy is the owner of highly valuable proprietary information pertaining to the Site and Services, including without limitation, Court Buddy’s matching system, profiles, and automated questionnaires (collectively, "Confidential Information"). Court Buddy owns and hereby retains all of its proprietary rights in the Site and Services, including but not limited to, its proprietary rights in any and 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 Confidential Information or other proprietary information accessible via the Site or Services, without first obtaining the express prior written consent of the owner of such proprietary rights, specifically: The Court Buddy Company, Inc.
c. Court Buddy’s Intellectual Property Rights. You hereby acknowledge that any and all of Court Buddy’s Intellectual Property Rights pertaining to Court Buddy, its Site and Services, remain the sole and exclusive rights of Court Buddy. You further acknowledge that nothing in this Agreement intends to or does grant any Intellectual Property Rights to you or allows you the right to access or use Court Buddy’s Intellectual Property. “Intellectual Property” and “Intellectual Property Rights” shall have the broadest possible meaning, and shall include, without limitation, any and all common law and registered intellectual property rights, patents and/or applications, trademarks and/or trademarks and/or trademark applications, copyrights and/or copyright applications, trade secrets, processes or systems, sales and distribution networks, logos, websites, designs, advertising or promotional materials, automated questionnaires or related research, and/or information related in any way to Court Buddy and its Site and Services which now exist, or at any point in the future shall exist, as well as any derivative works, moral rights, and/or other artistic rights associated in any way whatsoever with any of the foregoing. You agree to respect and not infringe Court Buddy’s Intellectual Property Rights, and further agree not to make commercial use of Court Buddy’s Intellectual Property, without first obtaining the express prior written consent of The Court Buddy Company, Inc.
d. Other Users’ Information. Other Registered Users may post copyrighted information on the Site or through the Services, 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 proprietary information of Court Buddy or any third party user that may be made available via the Site or Services, without first obtaining the express prior written consent of the owner of such proprietary rights.
e. License to Posted or Accessed Content. You may elect to post information or content to any profile pages or other public area of the Site or Services, and you may further elect to link your Court Buddy account to any of your social network accounts, for the purpose of linking or posting content to the public areas of the Site or Services, or to populate your profile. You agree that 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 information and content you link or post to the public areas of the Site or Services and your profile, 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, Court Buddy may create, test, and/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 Court Buddy the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
b. Exchange of Information. Your responses to your questionnaire are shared with your potential attorney matches at the time of match. You may, at your discretion, exchange further information with your attorney match after you have been matched and the attorney user has confirmed they are available for a legal consultation and service.
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 provided that notice has been given to you of the request, 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, your, 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 a user) is threatened.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COURT BUDDY PROVIDES THE SITE AND 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 SITE AND SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED. COURT BUDDY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE AND 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. USE OF THE SITE AND SERVICES IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD BE USED ONLY AS A STARTING POINT FOR ADDRESSING YOUR LEGAL ISSUES, WHICH SHOULD BE ADDRESSED THROUGH CONSULTATION WITH A LICENSED ATTORNEY. FOR FURTHER CLARITY, 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. COURT BUDDY WILL NOT INFLUENCE OR INTERFERE IN ANY MANNER WITH AN ATTORNEY’S INDEPENDENT PROFESSIONAL JUDGMENT AND/OR ITS GENERAL USERS’ JUDGMENT OR DECISIONS.
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.
The hiring an attorney is an important decision that you should take seriously and treat with due care; ultimately, you are solely responsible for your decisions regarding whether to engage an attorney and which attorney to engage. That decision 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. 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. You are solely responsible for assessing the quality, integrity, and trustworthiness of all attorneys with whom you communicate regarding your legal needs. Court Buddy makes no representation that the quality of the legal services to be performed by any one attorney is greater than the quality of legal services performed by any other attorney. Similarly, Court Buddy makes no representation as to the outcome of any legal representation or matter. Results of an attorney’s prior legal representation do not guarantee a similar outcome in the future.
As with all legal situations, you should discuss any concerns you may have regarding the legal representation with your attorney and get the fees, costs and scope of your agreement for legal representation in writing. Please note that most attorneys discourage the use of e-mail for confidential or sensitive information; this should also be discussed with your attorney. As stated, attorneys are solely responsible for any advice and legal services they provide you, and that advice and those services should be understood to be coming solely and directly from the attorneys and not through or from Court Buddy. Each attorney reserves the right to make independent professional judgments regarding the legal representations they undertake and the legal services they provide. Court Buddy has no influence on, involvement in, or responsibility for the professional services of its attorney users.
As stated, any attorney that you engage should provide you with a separate engagement agreement for you to review and agree to, and the scope of the legal services to be provided you should be specified in, and will be governed by, that agreement. Any and all disputes between you and any attorney user, including but not limited to disputes regarding whether an attorney-client relationship has been established, the scope of services to be provided, the quality of the services provided, the propriety of the fees charged and/or payments made, shall be resolved between you and the attorney user, not Court Buddy.
c. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or 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 SITE OR SERVICES AUTHORED BY OTHERS, 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 AUTHORED BY, POSTED ON THE SITE OR SERVICES BY, OR TRANSMITTED TO OR BY, ANY PARTY OTHER THAN COURT BUDDY.
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.
a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COURT BUDDY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SITE OR 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, PUNITIVE, 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 SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ATTORNEYS OR OTHER USERS OF THE SITE OR 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, with their consent. 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.
a. Price Changes. Court Buddy does not currently charge its client users a membership fee or subscription fee to use the Site and Services to be matched with attorney users. Rather, Court Buddy assesses client users a service fee to securely hold and process client funds in the CB Direct Pay™ system. That service fee is assessed on each transaction processed through the CB Direct Pay™ system. Court Buddy reserves the right to impose or adjust membership pricing at any time. Unless Court Buddy expressly communicates otherwise, any pricing changes for memberships, and/or the Site and Services will take effect upon notice communicated through a newsletter, email, on Court Buddy’s website or such other means as deemed appropriate from time to time.
b. Inability To Bill Your Account. If Court Buddy cannot bill your account or utilize previously authorized payment methods, Court Buddy reserves the right to terminate your access to the Site or Services, or any portion thereof.
c. 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, 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.
a. Arbitration of Disputes. You and Court Buddy agree that any and all 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 administered by the American Arbitration Association (AAA), to the maximum extent permitted by the Federal Arbitration Act (FAA). YOU AND COURT BUDDY AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with a Dispute (subject to the exceptions listed in subsection 15b), and that our rights will be determined by a NEUTRAL ARBITRATOR OR ARBITRATION PANEL, NOT A JUDGE OR JURY. 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. If you have an issue, question or concern about the Site or Services ana are contemplating arbitration, please direct your inquiries to us at firstname.lastname@example.org.
b. Exceptions to Arbitration. The only exceptions to this agreement to arbitrate Disputes are (i) in the event that Court Buddy brings legal and/or equitable claims (including but not limited to claims for injunctive relief) in accordance with Section 2.j of this Agreement regarding, referring or relating to your use of the Site and Services, in which case Court Buddy may elect to have such claims heard in any court of competent jurisdiction; (ii) in the event that Court Buddy brings legal and/or equitable claims regarding, referring or relating to the misuse, misappropriation, infringement and/or other violation of Court Buddy’s proprietary rights in its Confidential Information in accordance with Sections 3.a and 3.b of this Agreement, in which case Court Buddy may elect to have such claims heard in any court of competent jurisdiction; (iii) in the event that Court Buddy brings legal and/or equitable claims regarding, referring or relating to the misuse, misappropriation, infringement, and/or other violation of Court Buddy’s Intellectual Property Rights in accordance with Section 3.c of this Agreement, in which case Court Buddy may elect to have such claims heard in any court of competent jurisdiction; and (iv) in the event Court Buddy seeks an injunction or other extraordinary relief as provided for in Section 15.a of this Agreement.
c. 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).
d. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the AAA, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator or arbitrators, the Supplementary Procedures for Consumer-Related Disputes. The parties further agree that the arbitration will take place in San Francisco, California.
e. Enforcement. The arbitrator(s) will have full and exclusive power and authority to rule on his, her and/or their jurisdiction and to decide any and all issues of arbitrability.
f. Entry of Judgment. The award rendered by the arbitrator(s) will be final and binding. Judgment on the award may be entered in court. For clarity, the parties hereby submit to the jurisdiction of the Federal and State courts in San Francisco, California, for the purpose of confirming any such award and entering judgment thereon.
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 any court of competent jurisdiction, 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. Choice of Law and Venue. This Agreement shall be governed by the laws of the state of California. However, as set forth in Section 14, any and all Disputes will be arbitrated to the maximum extent permitted by the Federal Arbitration Act (FAA). Arbitrations provided for under this Agreement shall be administered by the AAA in San Francisco, California, pursuant to the AAA’s Commercial Arbitration Rules and any other AAA rules that the arbitrator(s) deem appropriate, also in keeping with the provisions of Section 14 of this Agreement. In the limited instances in which this Agreement permits the parties to apply to a court for legal or equitable relief, and/or to confirm and enter an arbitration award in court, the parties submit and consent to the jurisdiction of the State of California and agree that such proceedings shall be conducted in the state courts of San Francisco, California, or the federal courts for the United States for the Northern District of California.
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.
601 California Street, Suite 1210, San Francisco CA 94108
email@example.com (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)