This Agreement for Letter Services (this “Agreement”) is an agreement between you and Demand Letters (the “Company”, “us”, “we”, “our”) governing your use of the Services (as defined below). Your use of the Services is conditioned upon acceptance of this Agreement, and this Agreement is effective as of the date you purchase or use the Services. Please read this Agreement carefully.
You understand and agree that the Company is not a law firm or an attorney, and will not and cannot perform services performed by an attorney. No attorney-client relationship or privilege is created between you and the Company. Attorneys and other legal professionals made available to you through the Company are independent third parties who agree to provide services directly to you pursuant to a separate limited scope services agreement. The Company makes no guarantees regarding the legal professional’s performance or outcomes.
You understand that this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
If you do not agree to be bound by all of the terms and conditions in this Agreement, do not purchase, access or use the Services.
1. The Services. Purchasing the Services entitles you to the following:
(a) Limited Scope of Services. Performance of the Services will be conditioned upon your entering into a limited scope services agreement (“Limited Services Agreement”) with the lawyer, law firm or other legal professional (the “Provider”). Working under the Limited Services Agreement means that the amount of work the attorney performs for you is limited to certain tasks. Any tasks required outside the scope of the Limited Services Agreement will be your sole responsibility. You may choose to hire your Provider or another attorney or law firm to perform any additional tasks related to the matter for additional fees under a separate engagement agreement.
(b) Services Covered. Under the Limited Services Agreement, you will be entitled to the following (collectively, the “Services”): 1. One document drafted by the Provider addressed one recipient as specified by you; 2. One round of revisions by Provider incorporating any comments or suggestions you might have on the first draft submitted to you; 3. Upon your approval, the Provider will send your letter by mail to the recipient; 4. If determined by the Provider to be necessary or helpful, the Provider may offer one 20 minute telephone or video call to discuss your project. The Services may be handled by the Provider or the Provider’s associates, paralegals, partners or staff.
(c) Excluded Services. Unless otherwise agreed to by you and the Provider through a separate written agreement, the Services do not include any services not described above in paragraph (b), including the following: (i) initiating or maintaining a lawsuit, arbitration, mediation, or other means of dispute resolution on your behalf; (ii) providing legal advice or legal services; (ii) advising you with respect to any response to the document sent to recipient; (iii) representing you in settlement negotiations or communications resulting from or caused by the Services; or (iv) representing you in any matter
(d) No Guarantee. The Company makes no guarantees, representations or warranties concerning the success or outcome of your matter or whether your intended recipient will accept service of the letter sent by the Provider to the address provided by you. The Company makes no guarantees, representations or warranties regarding the effectiveness of the letter sent by the Provider or the quality of the Provider’s services to you.
(e) Additional Services. Sending a letter may not fully resolve your issue or dispute. In such circumstances, you may want a legal professional to provide additional services. If you choose to continue using your Provider, you must enter into a separate written agreement with the Provider covering such further services and additional fees.
2. Fees. You will be charged a flat rate for the Services. The fee you pay for the Services consists of a flat fee of $299, which includes a platform fee charged to you by the Company. The platform fee covers your use of our website and platform and various services rendered to you in relation to the Services. These fees are subject to change at any time.
3. No Advice Concerning Statutes of Limitations or Repose. You acknowledge and agree that your Provider will not research or advise you of any potential statutes of limitations or repose or on any bars to recovery to any potential legal claim or cause of action you might have.
4. No Frivolous Actions or Demands. You represent and warrant that you are not requesting Services with the intent to intimidate or defraud another person or entity, or otherwise advance a position or demand in bad faith, that is frivolous in nature or objective, or that lacks merit or factual substantiation.
5. Accuracy of Information. You, and not the Company, will have sole responsibility for the accuracy, quality, legality, appropriateness, and completeness of information you want included in your letter, and the Company will not be responsible or liable for the accuracy, deficiency, or quality of any such information. You must immediately alert us of any changes in circumstances that might affect the accuracy, validity, or completeness of information you submit to us.
6. Conflicts of Interest. If a conflict of interest is found which requires your Provider to cease working with you, you will be issued a refund if the Company is unable to find another Provider for you.
7. Cancellations & Refunds. Due to the nature of the Services, the Company is not able to offer cancellations or refunds for Services, except in the event of a conflict of interest as provided in the section titled “Conflicts of Interest” of this agreement.
8. No Limitations on Right to Obtain Additional Counsel. Nothing in this Agreement shall be construed to limit your right to retain, at your own expense, an unaffiliated attorney. The Company shall not be obligated to pay for any such services.
9. Right to Refuse. The Company and your Provider reserves the right to refuse service to anyone.
10. INDEMNIFICATION; LIMITATION OF LIABILITY. YOU AGREE TO PROTECT, DEFEND, INDEMNIFY, AND HOLD THE COMPANY AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, CONTRACTORS AND AGENTS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, JUDGMENTS, PENALTIES, LOSSES, COSTS, DAMAGES (INCLUDING INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AT ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) SUFFERED OR INCURRED BY US, INCLUDING, WITHOUT LIMITATION, ARISING FROM: (A) YOUR VIOLATION OF ANY OF THE PROVISIONS OF THIS AGREEMENT; (B) ANY SERVICES PROVIDED TO YOU; (C) ANY INACCURACY, MISSTATEMENT, OMISSION, OR FRAUDULENT STATEMENT IN THE INFORMATION PROVIDED BY YOU TO THE COMPANY OR THE PROVIDER AND INCORPORATED IN A LETTER; (D) THE FAILURE OF ANY THIRD PARTY, USPS, FEDEX OR ANY COMMERCIAL DELIVERY OR COURIER SERVICE, TO PROVIDE DELIVERY OR COURIER SERVICES ACCURATELY AND ON TIME; (E) ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS; (F) YOUR USE OF OR INABILITY TO USE THE COMPANY’S WEBSITES OR APPS AND/OR (G) THE COMPANY OR ANY INDEMNIFIED PARTY BEING NAMED AS A DEFENDANT IN AN ACTION BASED ON YOUR ALLEGED OR ACTUAL CONDUCT.
IN NO EVENT SHALL WE OR ANY INDEMNIFIED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE CONSEQUENCES WERE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Dispute resolution by binding arbitration.
(A) Consent to Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Travis County, Texas, before a single arbitrator under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(B) Venue. Except to the extent that arbitration is required in subsection (A) of this section, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute arising under this Agreement may only be instituted in state or federal court in Travis County, Texas. Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
(C) Injunctive Relief. The provisions of subsections (A) and (B) of this section will not apply to any legal action taken by the Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website, any content, or the Company’s intellectual property rights (including such that we may claim that may be in dispute), or the Company’s operations.
(D) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
13. General Terms. I understand that the Company’s general Terms and Conditions also apply to this Agreement and in agreeing to this Agreement, I acknowledge that I have read and agree to those Terms and conditions, which are incorporated herein by reference. If any provision in the Terms and Conditions conflict with a provision in this Agreement, the provision in this Agreement shall govern and control.
14. Reviews. After your purchase, you may receive an email survey request from the Company. You may also write a reviews on our website or a third-party website. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the website or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product or service you purchased, your gender, city and/or state, and age range.
15. Force Majeure. The Company shall not be considered in breach of or default under this Agreement or any other agreement with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, pandemic famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 3 days in the aggregate, the Company may immediately terminate this Agreement and shall have no liability to you for or as a result of any such termination.
16. Miscellaneous
(A) Assignment. The Company may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of the Company.
(B) Interpretation. The summaries of provisions and section headings are provided for convenience only and shall not limit the full terms of this Agreement. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law theory that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this Agreement, the word will be deemed to mean “including, without limitation.”
(C) Severability. If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement. (D) Governing Law. This agreement is to be governed by and construed in accordance with the laws of the state of Texas, without regard to choice of law principles.