Terms & Conditions

The following Terms and Conditions outline your obligations when using the ProLegal, LLC (“ProLegal”) website, mobile application, and/or products or services.

ACCEPTANCE OF TERMS

The ProLegal Internet site, the ProLegal mobile application, all related sites and mobile applications, and the various content, features, and goods and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by ProLegal and can only be accessed and used by you under the Terms and Conditions described below (“Terms and Conditions”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

MODIFICATIONS OF TERMS AND CONDITIONS

ProLegal may, in its sole discretion, modify these Terms and Conditions at any time effective upon posting the modified Terms and Conditions on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide ProLegal notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS AND CONDITIONS.

USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms and Conditions, ProLegal grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms and Conditions, without the express written consent of ProLegal. ProLegal may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. ProLegal shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by ProLegal. By way of example, and not as a limitation, you agree not to:

violate these Terms and Conditions, other applicable agreements with ProLegal, and any applicable local, state, national or international law, and any rules and regulations having the force of law;

use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; use the Sites and Services or its Content for any purposes not authorized by these Terms and Conditions, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of ProLegal, which consent may be withheld by ProLegal in our sole discretion; post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services; harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ProLegal, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; knowingly provide or submit false or misleading information;

use the Sites and Services if you are under the age of eighteen (18); take any action that would undermine the review and rating process under the Sites and Services; attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;

use the Sites and Services in any way that could interfere with the rights of ProLegal or the rights of other users of the Sites and Services; attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by ProLegal by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user; sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms and Conditions; transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services; access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of ProLegal, including any ProLegal account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by ProLegal and provided for by the Sites and Services.

PROLEGAL’S SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms and Conditions.

The Sites and Services provided are for informational purposes only, may reflect delays or errors, and do not constitute legal, financial, or investment advice.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide ProLegal with true, accurate, current and complete information as prompted by the ProLegal’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

You consent to receive records electronically and to sign electronically under the federal E‑SIGN Act. We may provide agreements, disclosures, and notices via email, portal, or SMS. You can withdraw consent or request paper copies as described in our Privacy Policy.

SUBMITTING CONTENT

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

you grant to ProLegal a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; you grant to ProLegal all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services; you grant to ProLegal all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party; your name and report information may be made available to the public.

PUBLICATION AND DISTRIBUTION OF CONTENT

ProLegal does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service.

TERMINATION OF ACCESS

ProLegal may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that ProLegal reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that ProLegal may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to ProLegal.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

ProLegal, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of ProLegal. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of ProLegal and/or its licensors and are protected by all United States and international copyright laws.

TERMS FOR SPECIFIC PRODUCTS AND SERVICES

The following terms and conditions are in addition to these general Terms and Conditions that apply to all of ProLegal’s products and services.  The following shall be considered as part of the ProLegal “Sites and Services”, as defined above. 

All of the below products and services are strictly offered on an “as-is” basis, without any guarantees, warranties, or representations, and You shall do Your own due diligence before requesting or using any of the following goods or services. 

Non‑Recourse Advances; Not a Loan. Pre‑settlement funding is a non‑recourse cash advance, not a loan, and no payments are owed unless and until there is a recovery in your case. The advance is secured solely by your potential recovery and is governed by your signed Funding Agreement, which controls in the event of any conflict with these Terms. State‑specific disclosures and addenda apply and are incorporated by reference.

ProLegal Funding

Eligibility: Available to plaintiffs in personal injury cases who have a confirmed or expected settlement. Further eligibility requires the plaintiff to be represented by an attorney that is going to deposit the settlement into the attorney client trust account prior to disbursement.

Application Process: Plaintiffs apply for funding, which may be denied at ProLegal’s sole and absolute discretion. 

Funding Amount: The amount advanced shall be determined by ProLegal and may be adjusted at any time.   typically, a percentage of the expected settlement, with an agreed-upon repayment plan.

Specific financial terms: These will be addressed in the agreement between ProLegal and the plaintiff.    

ProLegal Rides

Eligibility: Plaintiffs who require transportation to medical appointments or other essential locations related to their case may apply for this service, which shall be approved or denied based on ProLegal’s review of the matter. 

Request Process: Plaintiffs or attorneys request funding through ProLegal’s online portal or customer service, providing details of their transportation needs.  The funding amount shall be determined in ProLegal’s sole and absolute discretion.  If approved, ProLegal covers 100% of the rideshare cost and recovers fees once the case settles.

Fees: Fees charged by ProLegal are based on the total cost of the ride advance amount in addition to the duration of the advance, as follows (fees may vary by jurisdiction):

• Ride costs
  
  • Cost of all legs of the ride
  • A service charge equal to the cost of all legs of the ride
  • A flat $35 administrative fee
• Rides over (from vendor) $500 will require underwriting review.

Transportation services are provided by third‑party vendors subject to their terms. ProLegal is not a common carrier and is not responsible for acts or omissions of third‑party drivers or platforms.

ProLegal Health

Provider Enrollment: Healthcare providers (e.g., doctors, medical facilities) may join the ProLegal Health Network to receive timely payments for services provided to personal injury plaintiffs.  By joining, providers warrant and represent that they are appropriately licensed and credentialed in their respective field. 

Payment Structure: Healthcare providers may be paid upfront or on a fixed schedule depending on the specific agreement with ProLegal.

ProLegal Suite

Case Management: ProLegal is not responsible for management of case deadlines or failures to adhere to a deadline. 

Document Automation: The legal documents generated are based on user input and ProLegal disclaims all responsibility for the contents, accuracy, or legality of such documents.  Such documents are provided on an as-is basis only, without any warranty of merchantability for any specific purpose or use. 

ProLegal AI

AI-Powered Document Review: The legal documents generated are based on user input and ProLegal disclaims all responsibility for the contents, accuracy, or legality of such documents.  Such documents are provided on an as-is basis only, without any warranty of merchantability for any specific purpose or use. 

Contract Analysis: The feedback generated is based on user input and ProLegal disclaims all responsibility for the contents, accuracy, or legality of such feedback.  Such feedback is provided on an as-is basis only, without any warranty of merchantability for any specific purpose or use.  ProLegal does not give legal advice. 

Automation of Routine Tasks: The legal documents generated are based on user input and ProLegal disclaims all responsibility for the contents, accuracy, or legality of such documents.  Such documents are provided on an as-is basis only, without any warranty of merchantability for any specific purpose or use. 

ProLegal Live

Any live chat or phone or customer service support by ProLegal is not guaranteed, as far as availability or accuracy of the information provided. 

No attorney-client relationship is created between any customer and ProLegal.  

ProLegal Design

Branding, website development, and marketing support are done based on feedback from the client and ProLegal does not ensure or guarantee that such services will lead to more clients or more revenues or have any impact on the client’s business.  Any material provided to ProLegal by You in connection with design is presumed to be owned by You and ProLegal shall be indemnified and protected from any third-party copyright infringement claims.

ProLegal Funding Dashboard

The information provided on the dashboard is not a substitute for the specific terms and conditions contained herein or the terms contained in the individual funding agreements, which shall control and be the ultimate authority regarding the terms ProLegal enters into with You. 

NOTICES

You agree that ProLegal may communicate any notices to You under these Terms and Conditions, through electronic mail, regular mail or posting the notices on the Site. All notices to ProLegal will be provided by either sending: (i) an email; or (ii) a letter, first class certified mail, to ProLegal, LLC, 400 N Brand Blvd., Suite 850, Glendale, CA 91203. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), ProLegal will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

ProLegal, LLC.

Attn: Legal Department  

400 N Brand Blvd., Suite 850

Glendale, CA 91203

You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; 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 or trademark owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ProLegal will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. ProLegal is not responsible for any delays, failures or other damage resulting from such problems.

WARRANTIES AND DISCLAIMERS

You acknowledge that ProLegal has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release ProLegal from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ProLegal makes no representations concerning any content contained in or accessed through the Sites and Services, and ProLegal will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. ProLegal makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER PROLEGAL NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF PROLEGAL, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT SITES AND SERVICES. IN NO EVENT WILL PROLEGAL OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL PROLEGAL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROLEGAL OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, PROLEGAL DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PROLEGAL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

PROLEGAL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PROLEGAL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

ProLegal has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release ProLegal from all liability for you having acquired or not acquired Content through the Sites and Services. ProLegal makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and ProLegal will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because ProLegal has no control over such sites and resources, you acknowledge and agree that ProLegal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that ProLegal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify, defend and hold harmless ProLegal, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms and Conditions by you; (b) the inaccurate or untruthful Content or other information provided by you to ProLegal or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. ProLegal will have sole control of the defense of any such damage or claim.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROLEGAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROLEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY PROLEGAL OR THE FAILURE OF PROLEGAL TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY REPRESENTATIVES OR AGENTS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

THEREFORE, TO THE EXTENT PROLEGAL IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, PROLEGAL’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE FEE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. 

BREACH OF TERMS AND CONDITIONS AND LIQUIDATED DAMAGES

You understand that the content in each report or record on ProLegal has significant value to ProLegal and that the damage caused to ProLegal for any violation of these Terms and Conditions pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of ProLegal’s damages for the specified breaches of these Terms and Conditions:

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms and Conditions, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by ProLegal, including, but not limited to, attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms and Conditions, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms and Conditions, or any combination thereof.

ENTIRE AGREEMENT

These Terms and Conditions and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and ProLegal. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and ProLegal regarding the subject matter contained in these Terms and Conditions. Additional terms and conditions may exist between you and third parties. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to ProLegal under these Terms and Conditions.

GOVERNING LAW/DISPUTE RESOLUTION

These Terms and Conditions and the relationship between You and ProLegal will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms and Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

Disputes will be resolved by binding arbitration under the AAA Consumer Arbitration Rules, not in court, except either party may bring an individual action in small claims court. No class actions or mass arbitrations. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing us per “Contacting Us” below.

MISCELLANEOUS

If you breach any term of these Terms and Conditions or other agreement with ProLegal, ProLegal may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. ProLegal’s remedies are cumulative and not exclusive. Failure of ProLegal to exercise any remedy or enforce any portion of the Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with ProLegal’s prior written consent. We may transfer, assign or delegate the Terms and their rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and ProLegal as a result of these Terms and Conditions or use of the Sites and Services. You acknowledge and agree that each of the Released Parties (ProLegal’s affiliates, officers, employees, agents, service providers) shall be an intended third-party beneficiary of these Terms and Conditions.

Force Majeure:
Neither party is liable for delay or failure to perform due to events beyond its reasonable control (including Internet or hosting failures, labor actions, acts of God, war, terrorism, epidemics, acts of government, or third‑party service failures).

CONTACTING US

If you have any comments or questions regarding these Terms or wish to report any violation of these Terms of Service, please contact us at info@prolegal.com or by phone at (800) 224-6555. We will address any issue to the best of our abilities.