The following terms and conditions will govern the relationship between you and Radvocate:
A. Acquiring a lead.
(1) Upon payment of a platform fee (or subject to the terms of a pilot arrangement or other introductory offer), which may be made in US dollars or pre-purchased platform credits, you may select leads from Radvocate's database through an application provided by Radvocate.
(2) Upon selection of a lead, Radvocate will provide you with that user's contact information and will automatically send that user (a) your contact information, so that they may independently research and evaluate you, and (2) a link to sign an engagement agreement, if the client chooses to work with you.
(3) Upon selection of a lead, Radvocate will remove that lead from the database of leads available to attorneys. You will have exclusive contact with that lead unless (a) you return that lead in accordance with D(2) below or (b) the user chooses not to work with you (in which case you may request a refund in accordance with D(2) below).
(4) Unless you and the user agree otherwise, Radvocate will provide you with an engagement agreement for each user who chooses to work with you. That engagement agreement will include a 30% contingency fee arrangement for your compensation unless you are able to collect reasonable attorneys fees from the counterparty.
(5) All purchases of leads are protected by Radvocate's Risk-Free Guarantee which allows a refund purchases of leads or credits within 5 days for any reason, including that the lead did not choose to work with you (see Section D below for details).
B. Radvocate's obligations.
(1) Radvocate will provide services to you from time to time to help with the administration of any case that results from a lead, such as filing assistance and notice assistance.
(2) Radvocate will pay filing fees required to initiate an arbitration at your request, up to the current minimum filing fee for a claim filed under the Consumer Rules of the American Arbitration Association, and will be entitled to any reimbursement of those fees from the respondent or the American Arbitration Association. You agree to promptly request reimbursement, when applicable, and return the filing fee to Radvocate if it is paid to you or your client.
C. Your obligations.
(1) If you are participating in a pilot or other introductory offer, you agree to give Radvocate feedback about your experience representing clients generated from Radvocate leads (including respondent behavior and aggregate, anonymized estimates of settlement rates and amounts) and work with Radvocate to design a useful referral experience for attorneys. This may included reasonable participation in group or one-on-one calls or videoconferences.
(2) You agree to contact any selected leads within 24 hours of receiving Radvocate's confirmation email.
(3) You agree to represent all clients generated from Radvocate leads in accordance with applicable practice rules and ethical obligations. You are solely responsible for the quality of your practice.
(4) You agree to promptly request, and properly allocate, any reimbursement of filing fees in accordance with B(2) above.
D. Radvocate Risk-Free Guarantee
(1) If you purchase a credit from Radvocate (see A(1) above), you may, for any reason, return that credit for a full refund on or before the fifth day following the purchase, not including the day of purchase; provided, that if the credits were purchased at a discount, the refund shall be calculated as if all discounted credits were refunded and any non-refunded credits were repurchased.
(2) If you spend a credit to select a lead from Radvocate's database (see A(1) above), you may, for any reason, return that lead to the Radvocate database for a full refund of the applicable credit on or before the fifth day following the purchase, not including the day of purchase. Upon the return of the lead to Radvocate's database, Radvocate may make the lead available to other attorneys.
(3) Refunds of payments made for credit purchases or credits used to select leads from our database may be requested by emailing firstname.lastname@example.org and providing any information necessary to identify the credits or payments to be refunded. Radvocate will, after receipt of any request for a refund, promptly refund specified credits and payments in accordance with D(1) and D(2) above.
(4) In addition to your right to refund credits, Radvocate may repurchase any credits not used within the 365 days following the purchase of such credit for the original price paid for that credit.
(1) THIS IS AN ARBITRATION CLAUSE THAT AFFECTS YOUR RIGHT TO BRING AN ACTION AGAINST RADVOCATE IN COURT - PLEASE READ IT CAREFULLY. You and Radvocate agree to resolve any disputes arising out of or relating to this agreement or your use of Radvocate's website, application or services, individually and not as a member of a class or other aggregated claim, through arbitration under the Commercial Rules of the American Arbitration Association. Prior to initiating any arbitration, you and Radvocate agree to: (1) provide the other party with a notice of dispute, describing, in significant detail, the dispute and any requested relief, (2) submit the dispute to mediation using a mediator mutually acceptable to both parties, and make a good faith effort to resolve the dispute through said mediation. If no mutually acceptable mediator can be identified within 10 days of the receipt of a notice of dispute, you and Radvocate shall request that the American Arbitration Association appoint a mediator chosen at random from its roster of mediators.
(2) This agreement, and any dispute arising out of or relating to this agreement, shall be governed by California law. You and Radvocate agree that the venue for any dispute arising out of or related to this agreement, whether brought in arbitration or state or federal court, shall be in California.
(3) I agree to use the Services at my own risk. The information, software, products, and services made available through Radvocate or its affiliates may include inaccuracies or typographical errors. Radvocate and/or its suppliers may at any time make improvements or changes to Radvocate’s Services. Information received via Radvocate should not be relied upon for personal, legal, or financial decisions. I will consult an appropriate professional for specific advice tailored to my situation.
TO THE FULLEST EXTENT PERMITTED BY LAW, RADVOCATE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." RADVOCATE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE OR RADVOCATE’S COMMUNICATIONS WITH ME SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND I WILL CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO MY SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RADVOCATE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RADVOCATE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
RADVOCATE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY ME TO RADVOCATE FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION, WHICHEVER IS LOWER.
On behalf of me and my heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Radvocate, and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to my use of the Service. I agree that this release has been freely and voluntarily consented to and I confirm that I fully understand what I am agreeing to.
I agree to indemnify and hold Radvocate and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to my use of the Service or the information I provide to Radvocate, my violation of these terms and conditions or my violation of any rights of another.
(4) Any provision of this agreement that is held to be unenforceable shall be severed from this agreement, and the remainder of the agreement shall be enforceable.
(5) Any legal notice delivered to Radvocate shall be sent by both mail and email to the following addresses:
Oakland, CA 94612
Any legal notice delivered to you may be delivered by email to the email address that you have provided to Radvocate.
(6) I represent that I am not a citizen of the European Union and will not become a European Union citizen while I am bound under these terms and conditions. If I become a European Union citizen I will immediately notify Radvocate by emailing email@example.com.
(7) I will not assign or otherwise transfer this agreement or any part thereof to a third party without the written consent of Radvocate. Radvocate may, from time to time, assign this agreement or certain parts thereof to a third party.
(8) Radvocate may update these terms & conditions from time to time. Radvocate will notify you of any material update to these terms & conditions by sending you an email, and you agree that you shall be deemed to have accepted any update to these terms & conditions by (1) failing to cancel your Radvocate account within 2 weeks after receipt of such notice or (2) accessing Radvocate's website or continuing to use Radvocate's services (for any reason other than to cancel your Radvocate account) at any time after the receipt of such notice.
(9) You may cancel your Radvocate account at any time by clicking "Cancel Account" under the "Account Settings" link on your Attorney Dashboard, or by emailing firstname.lastname@example.org. Radvocate may terminate your Radvocate account at any time for any reason. The latest version of these Terms & Conditions that you agreed to prior to cancellation or termination shall survive the cancellation or termination of your account.