Welcome to the Client Legal Funding website (the “Site”). To assist you in using the Site, and to ensure a clear understanding of the relationship arising from your use of our Site and the information services Client Legal Funding may provide through our Site (the “Services”), we have created (i) these Terms of Use (the “Terms”) and (ii) our Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. The following Terms apply to all sites owned, operated or sponsored by Client Legal Funding or any of its affiliated companies (hereinafter collectively referred to as “we,” “us,” “our,” or “Client Legal Funding”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR SITE.
AGREEMENT
Please review these Terms carefully, as they impose legal obligations on your access and use of the Site and our Services and establish our legal relationship thereto related. These Terms are subject to change in our sole discretion. If Client Legal Funding revises these Terms, we will update this Site with the revised Terms. By using this Site, you agree to be bound by the Terms and any revisions that are posted. You agree that in the event any portion of these Terms is found to be unenforceable, the remainder of the Terms shall remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by your use of this Site. These Terms supersede any prior agreements between you and Client Legal Funding relating to the Site.
The laws of the State of Florida will govern the Content (as defined below) contained in this Site, without giving effect to any principles of conflicts of laws. By accessing or using the Site, you submit to the jurisdiction of the state or federal courts sitting in Palm Beach County, Florida and agree that such courts have exclusive jurisdiction in all controversies relating to the Site, to the extent not covered in the Agreement to Arbitrate (see below).
The following provisions shall survive the termination of these Terms and shall apply indefinitely: Ownership and Reservation of Rights, Disclaimers and Indemnification/Limitation of Liability.
OWNERSHIP AND RESERVATION OF RIGHTS
The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials that appear herein (collectively referred to as “Content”) are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, or licensed to Client Legal Funding. The name “Client Legal Funding” and its logo are the property of Client Legal Funding or its licensor(s) and may not be used in any way, including in advertising or publicity without our prior written permission. Client Legal Funding retains all rights with respect to the Site except those expressly granted to you below.
GRANT OF RIGHTS AND USE RESTRICTIONS
Provided you comply with these Terms, we grant you the right to access the Site for purposes of learning more about the Services and exchanging information in accordance with the functionalities provided by the Site (collectively, the “Permitted Purposes”). We also grant you the right to print a copy of the Content for your personal use only, provided you use such a copy only for Permitted Purposes and that you retain any copyright, trademark or other proprietary notices as they appear on the Site. We grant you no other rights other than these express rights to use the Site and print out the Content for Permitted Purposes. For the avoidance of doubt, you may not copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, in any manner mirror, photocopy, or reproduce the Content without the prior written permission of Client Legal Funding.
We reserve the right at any time to terminate or suspend your right to access some or all of the Site if you engage in activities that we conclude, in our discretion, breach these terms or our Code of Conduct below.
DISCLAIMERS
Client Legal Funding does not provide professional, financial or legal advice and the Site is not intended as a substitute for professional, financial or legal advice. Persons accessing this Site assume full responsibility for the use of the Content and understand and agree that Client Legal Funding is not responsible or liable for any claim, loss or damage arising from the use of the content.
The Content is for informational purposes only. Client Legal Funding makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the Content and will not be liable for any errors, omissions, or delays in the Content or any losses, injuries, or damages arising from its display or use.
Client Legal Funding IS PROVIDING ACCESS TO THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALTHOUGH Client Legal Funding BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, Client Legal Funding DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
INDEMNIFICATION/ LIMITATION OF LIABILITY
You will indemnify and hold harmless Client Legal Funding, its parent and affiliates, as well as their respective members, officers, directors, shareholders, employees, agents, contractors, vendors, co-branders, suppliers, internet service providers, and partners from any damage, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your unauthorized use of this Site or any violation by you of any applicable law or any rights of another person.
IN NO EVENT SHALL Client Legal Funding BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE USE, COPYING OR DISPLAY OF THE CONTENT, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OR NATURE OF THE CORRESPONDING CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS OR EQUITABLE ACTIONS.
NOTWITHSTANDING THE FOREGOING, IF YOU ARE A CLIENT LEGAL FUNDING CUSTOMER, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF CLIENT LEGAL FUNDING FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF THE SITE WILL BE $100.
IF YOU ARE NOT A CLIENT LEGAL FUNDING CUSTOMER, SINCE YOU DO NOT PAY FOR USE OF THE SITE, YOU UNDERSTAND AND AGREE THAT CLIENT LEGAL FUNDING WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION RELATING TO YOUR USE OF THE SITE.
PROHIBITED USES
As a condition to your use of the Site, you agree to follow our “Code of Conduct” set out below. Under this Code of Code, you SHALL NOT:
- Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Seek to obtain access to any material or information through “hacking” or through any other means that we have not intentionally made available to you through the Site.
- Submit to us material or information that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
- Transmit material or information through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Site without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; or (c) obscene, indecent, pornographic, or otherwise objectionable.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION PROVIDED BY YOU
You agree that any comments, feedback or other information that you transmit to Client Legal Funding about this Site (“Transmissions”) shall be and remain Client Legal Funding’s property. Except as provided in our Privacy Policy, all Transmissions will be treated as non-confidential and non-proprietary and Client Legal Funding shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Client Legal Funding shall be free to use any ideas, concepts, know-how, or techniques contained in the Transmissions for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products or services incorporating such information.
All Transmissions must comply with the Prohibited Uses.
LINKS TO THIRD PARTY SITES OR CONTENT
The Site may contain links that reference to third party websites or content (collectively “Linked Sites”). The Linked Sites are provided for your convenience and information only. We have no control over these Linked Sites and do not assume responsibility or liability for any information, opinions, or materials available on Linked Sites, or for any transactions that you may pursue in connection with those Linked Sites. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will be free of computer viruses or other harmful code that could impact your computer or other web-access device. You acknowledge and agree that Client Legal Funding shall not be responsible or liable, directly or indirectly, for any damages, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.
PRIVACY/TREATMENT OF INFORMATION
Personal information transmitted to or received by us will be treated in accordance with our Privacy Policy.
MOBILE SERVICE PROGRAM – TERMS AND CONDITIONS
Client Legal Funding is proud to offer mobile text alerts, to send you offers, requests, and information regarding your options to obtain liquidity from Client Legal Funding. Through Client Legal Funding’s Mobile Service Program (the “Text Program”), all mobile subscribers may opt-in to receive the text alerts through SMS messages straight to the subscriber’s phone. No purchase or sale is required as a condition to participate in the program.
By participating in the Text Program, you agree to receive calls and text messages to your phone number. You understand that consent to the Text Program is not required to do business with Client Legal Funding. Message and data rates may apply. Message frequency varies.
By enrolling in the Text Program, you agree that you are not enrolling for any improper purpose including, but not limited to, (i) harassing Client Legal Funding or any of its employees and/or agents or (ii) asserting legal claims against Client Legal Funding arising out of the receipt of mobile text messages and/or telephone calls.
Carriers Supported
This service is available for phones with text messaging capabilities, and subscribers on AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, and Boost.
Cost
There are no premium charges associated with this Mobile Service; however, message and data rates may apply.
Opt-In
By providing Client Legal Funding with your contact information and mobile number through the Site or by phone, you opt-in to receive message alerts messages from Client Legal Funding.
How To Opt-Out Of Our Mobile Service Program
To opt-out of the Mobile Service Program, reply to a text from us with “STOP” or “UNSUBSCRIBE.” You may also email us at info@clientlegalfunding.com or call (877) 872-5246.
*Notice to Nevada Residents
We are providing you with this notice pursuant to state law. You may be placed on our internal Do Not Call List by contacting us. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number- 702.486.3132; email: BCPINFO@ag.state.nv.us.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree that any and all controversies, claims, disputes, rights, interests, suits or causes of action between Client Legal Funding and you, arising out of or relating to these Terms, your use of the Site, or the formation, validity and/or enforceability of this these Terms (each, a “Claim”), as well as the question of arbitrability of any such Claim, shall be settled by binding arbitration under this agreement to arbitrate (the “Agreement”).
A party who wants to initiate an arbitration must send a written notice of the dispute to the other party (the “Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly but, if the parties do not reach an agreement within 30 days after the Notice is received, you or Client Legal Funding may commence an arbitration proceeding by informing the other party in writing that they wish to arbitrate the Claim. The Notice and all other correspondence and notices relating to the arbitration are to be sent via email, U.S. mail, or overnight courier. The addresses for Client Legal Funding for such purposes are: litigation@usclaims.com and Client Legal Funding, Attn: Legal Department, 1625 S. Congress Ave., Suite 200B, Delray Beach FL 33445.
The arbitration shall be privately administered by a single neutral arbitrator (the “Arbitrator”) and not by an organization. The Arbitrator must follow this Agreement and the rules of the American Arbitration Association (the “AAA”), except rules regarding the administration of the process by the AAA (including Rule(s) R-1) or the AAA’s authority, the filing of documents with the AAA, or the ability of a party to submit the Claim in court. The rules of the AAA that apply are the Commercial Rules of the American Arbitration Association, unless the action qualifies as a consumer arbitration, in which case the AAA Consumer Arbitration Rules shall apply (collectively, the “AAA Rules”). In the case of inconsistencies between this Agreement and the AAA Rules, the terms of this Agreement shall govern. The AAA Rules are available online at AAA Rules, Forms & Fees | ADR.org or by calling 1 (800) 778-7879. The Arbitrator, and not any federal or state court or agency, shall have exclusive authority to resolve any dispute relating to the enforceability of this Agreement.
The Arbitrator must be selected by agreement from the list of arbitrators made available by the AAA for privately administered arbitrations (AAA-ICDR Arbitrator Select) (adr.org)), the National Academy of Distinguished Neutrals (NADN- (nadn.org)), any organization that provides for privately administered arbitrations with former judges in its roster, or any organization the parties may agree (the “Organizations”). If the parties are unable to agree upon a specific arbitrator within 30 days after the nomination is sent, each party will have 15 additional calendar days to select an appointing arbitrator from any of the Organizations. The appointing arbitrators shall select and appoint the Arbitrator from an Organization within 10 calendar days. If only one party timely selects an appointing arbitrator, their appointing arbitrator will become the Arbitrator. Each party is responsible to directly pay the fees for its appointing arbitrator and a prorated amount of the total fees of the Arbitrator fees as they become due.
Arbitration must be initiated within a reasonable time after a Claim has accrued. The Arbitrator may not entertain a Claim if the applicable statute of limitations has expired. If a party raises untimeliness of a Claim as a defense, the Arbitrator must resolve that issue prior to the hearing on the merits. Subject to restrictions under applicable law, if a party fails refuses to arbitrate, that party shall be responsible for the fees and expenses (including attorneys’ fees) incurred by the other party in trying to enforce this arbitration agreement.
The Arbitrator must administer the arbitration process in a manner that is fast and economical and must enter an award based on applicable law. If the arbitrator exceeds the powers granted by the Federal Arbitration Act and this Agreement, the award may be vacated or corrected by filing either an application to vacate or to modify or correct the award, as may be appropriate.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLIENT LEGAL FUNDING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive relief from a court of competent jurisdiction or file suit in a court of law to address an intellectual property infringement claim.
Each party shall pay its pro rata share of the arbitration fees and expenses, unless the parties agree on a different allocation of fees and expenses.
The seat of the arbitration will be Palm Beach County, Florida. However, to facilitate the quick resolution of the matter and to avoid the expense of travel, the hearing and any pre-hearing conferences will be held telephonically or electronically if requested by a party. Each Party is entitled to submit one set of interrogatories, one request for production of documents, and one set of requests for admissions. Additional discovery shall be allowed only if agreed by the parties or permitted by the Arbitrator, keeping in mind that the arbitration must remain a fast and economical process. Discovery shall be conducted in accordance with the Federal Rules of Civil Procedure, unless otherwise agreed by the parties.
YOU AND US CLAIMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The parties agree to arbitrate solely on an individual basis. Further, unless both you and Client Legal Funding agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
CONTACT US
If you have any questions about these Terms or the Privacy Policy, you may contact us at:
Email address: CLFprivacy@clientlegalfunding.com
Mailing address: Client Legal Funding
Attn: Legal Department
1625 S. Congress Ave., Suite 200B
Delray Beach FL 33445
Telephone: 888.263.7695
EFFECTIVE DATE
The effective date of these Terms is 7/18/2024