Contractor Counsel LLC Terms and Conditions
Legal Plan Contract for LEGAL PLAN PRIMARY MEMBER
This is a contract between us, Contractor Counsel LLC, and you, the LEGAL PLAN PRIMARY MEMBER (“Primary Member” or “you”), for the Small Business Legal Plan (the “Legal Plan”) services described below. This contract (the "Agreement") is a legal agreement between you and Contractor Counsel that sets forth the terms of your use of the Legal Plan. The sales representative (“sales representative” or “representative”) is Seth J. Bloom. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan subscription (the "Effective Date"). If you sign up for a Legal Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully.
THE LEGAL PLAN IS NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
Plan Membership. Contractor Counsel reserves the right to accept or refuse membership at its discretion. You may not transfer or assign your Legal Plan or these benefits. Member is to designate one person from each member company as the Primary Member.
Benefits of Legal Plan. The Legal Plan provides the following benefits (the "Plan Benefits"):
- Unlimited consultations on NEW legal issues with Member, with each call limited 30 minutes maximum.
- Up to 2 two-page attorney letters per month to help resolve a new construction-related legal issue.
- Contractor licensing review — up to 10 pages; review and advice only; limit 4 per year.
- Bonding & insurance policy — review of up to 10 pages; limit 2 per year.
- General construction legal document review of up to 10 pages, unlimited document reviews on NEW issues used in the regular course of construction business.
- Servicing a Lien
- Disputing a lien that is recorded against you. Initial response via letter or non-court document only.
- Attorney review of your lien prior to its recordation
- Foreclosing a lien — Advise onlysa
- Filing a new lien — Advise only
- Suing for foreclosing a lien — Advise only
- 25% off hourly or flat fee rate for work not covered under plan with a continued membership in good standing with Contractor Counsel LLC.
Exclusions and Conflicts. The following are excluded from the Plan Benefits.
- Document review can be used only to review documents related to or connected with an adversarial proceeding. All representation in a matter in litigation is EXCLUDED.
- Legal pleadings, formal representation, and court filings and appearances are specifically excluded, and are subject to a separate arrangement between Member and Provider Attorney.
- Telephone consultations may NOT include discussion of any of the following:
- Tax-related matters
- Intellectual property matters
- Court fees and Runner fees are NOT included in plan
- Personal or non-business/construction related services
- Acting as counsel in litigation
- The following items and matters are specifically PROHIBITED from the Legal Plan, and are not to be considered or treated as Plan Benefits. You cannot obtain legal help through the Legal Plan for any of the following:
- Any lawsuit or legal action that directly or indirectly involves Contractor Counsel, or any of its affiliates, directors, agents, or employees;
- Any lawsuit or legal action by a Plan Member that directly or indirectly involves any other Plan Member in any Plan Group;
- Any matter involving the laws of jurisdictions outside of the United States or its subdivisions; d. Any matter that, in the Plan
- Attorney’s opinion, is frivolous in nature or objective; e. Any case matter or requested service that is determined by the Plan
- Any case matter or requested service that is determined by the Plan Attorney to lack sufficient merit to warrant pursuit, or that the Plan Attorney decides has been raised an inordinate or unreasonable number of times without a change in circumstances; or
- Any matter resulting in violation(s) of the law, constituting illegal activity, furthering illegal activity, and/or tantamount to harassment.
- The following items and matters are specifically EXCLUDED from the Legal Plan; provided, however, that a Plan Attorney may, AT HIS OR HER SOLE DISCRETION AND RISK, disregard one or any of these exclusions.
- Any lawsuit or legal action that directly or indirectly involves any Plan Attorney providing legal services under the Legal Plan;
- Any lawsuit or legal action that resulted in the prior recruitment or retention by the Plan Member of another attorney;
- Any appeal to an appellate court (i.e., not a trial court)
AT ALL TIMES attorney will exercise independent professional judgement, but some form resources may be available to attorneys in order to foster a good client experience. Member will designate one individual from their business to communicate with attorney. Provider Attorney will have no obligation to discuss any issue with anyone other than the Member’s designated individual. Members may change their designated individual via written notification to the Provider Attorney.
Right to Hire Your Own Attorney at Any Time. At all times, you have the right to hire and consult another attorney at your own expense.
Contractor Counsel Is Not a Law Firm. Please note that Contractor Counsel is not a law firm and does not provide legal services. Attorneys made available through Contractor Counsel are third-party independent contractors who agree to provide legal services directly to you, not through Contractor Counsel, via a separate retention agreement between you and the attorney. The information provided in each attorney’s profile on the Contractor Counsel website may be considered advertising under applicable laws and rules. The attorneys have agreed to provide thirty-minute consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. A conflict check will apply. A Plan Attorney may require you to meet at his or her office or another location convenient to him or her or may require a telephonic consultation. Contractor Counsel will not select an attorney for you.
Not Insurance. The Legal Plans offered through Contractor Counsel are not contracts of insurance or indemnification insurance plans. Contractor Counsel is not an insurance company and does not guarantee legal representation in every situation. The Legal Plan provides Contractor Counsel customers with access to free and discounted legal services from Plan Attorneys.
A. General Practices.
You acknowledge that Contractor Counsel may establish general practices and limits concerning use of its Legal Plans, including without limitation, the maximum number of attorney consultations you may receive in a given period of time related to one or all subjects. A current list of practices is available at contractorcounsel.com.
B. Right to Change Practices.
You acknowledge that Contractor Counsel reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
C. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
Any Changes to This Agreement Must Be in Writing. You acknowledge that no change in this contract is valid until the change has been approved by an executive officer of Contractor Counsel and unless the approval is endorsed or attached to the contract.
Authority to Enter Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any Legal Plan. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
A. Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with "Fee Adjustments" below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Legal Plan subscription, see the "Termination or Cancellation" section below.
To allow payment for the initial term of a Legal Plan, valid credit card, bank draft, or other billing information is due at the time of purchase.
Your Legal Plan subscription will renew automatically at the end of the initial term (the "Billing Date") and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. Contractor Counsel may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by Contractor Counsel pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
You agree to pay Contractor Counsel the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions, or where limited by law.
A schedule of fees for the Legal Plan subscriptions is set forth below:
Contractor Counsel Plan monthly subscription: $59.00
Contractor Counsel Plan yearly subscription: $659.00
C. Promotional Trial Memberships.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING (800) [xxx-xxxx] , YOUR LEGAL PLAN SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD OR BANK DRAFT WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
D. Attorney Fees.
Fees for attorney services provided pursuant to a Legal Plan subscription shall be paid directly to the Plan Attorneys. Plan Attorneys are not employees or agents of Contractor Counsel, and have no financial obligation to Contractor Counsel.
Termination or Cancellation.
A. By Contractor Counsel.
(i) If payment is not made on the Billing Date, as described in Section 7 above, you will have until thirty-one (31) days after your Billing Date to correct the credit card or bank draft information on file and post a payment to your account. If after the expiration of this 31-day grace period you have not made any payment on your Legal Plan subscription, your non-payment may result in suspension of service and subsequent termination of your Legal Plan subscription.
(ii) Your right to use a Legal Plan subscription is subject to any limits established by Contractor Counsel or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Contractor Counsel reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Contractor Counsel hereunder. If a charge made to your credit card is declined, Contractor Counsel may make up to five (5) attempts to bill that card over a thirty-one (31) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
B. By Subscriber.
(i) You will have the right to cancel your Legal Plan subscription by providing at least five (5) days' notice before the start of the next renewal period for such subscription. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.
C. Services after Termination.
After termination of your Legal Plan subscription, either by you or by Contractor Counsel, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan subscription) will remain in full force and effect unless and until separately terminated or cancelled.
Dispute Resolution. The parties agree to arbitrate all disputes and claims. You have the right to file a complaint with your state's bar association concerning the conduct of an affiliated attorney under the Legal Plan.
Professional, Independent Attorney Judgment. Attorneys performing legal services for Legal Plan Members under the terms of this Agreement are not agents or employees of Contractor Counsel. Any attorney rendering legal services to Plan Members under a Legal Plan shall maintain the attorney-client relationship with the Plan Member, and is solely responsible to the Plan Member for all legal services provided. It is within the sole discretion of the attorney to determine whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim or defense. Participating attorneys reserve the right to make independent professional judgments regarding such presentations. Contractor Counsel will in no way influence or attempt to affect the rendering of professional services of the participating attorneys.
Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from Contractor Counsel (including information provided by a Firm or an attorney offering a free consultation) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any matters addressed therein.
Contractor Counsel and its sales representative is regulated by Texas Department of Licensing and Regulation. They can be reached via toll-free telephone number, (800) 803-9202, or email, email@example.com
The web site located at the domain name contractorcounsel.com (the “Web Site”) is operated by Contractor Counsel, LLC (“Contractor Counsel,” “we,” “our” or “us”).
Solicitation or Offer. The Web Site is designed primarily to provide general information about Contractor Counsel, its products and services, and its related companies. Any product described on the Web Site may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult a sales associate and/or your membership contract. Some products and/or services may not be available in all states or provinces. Your eligibility for any particular product or service is subject to final determination by Contractor Counsel.
Copyright. All rights reserved. The material and images contained on the Web Site are protected by copyright and are owned by Contractor Counsel unless otherwise indicated.
Trademarks. Contractor Counsel is a trademark.
Restrictions on Use. As a condition of your use of the Web Site, you warrant to Contractor Counsel you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any way that could damage, disable, overburden, or impair the Web Site, or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site. This includes without limitation the following activities: provide false or misleading registration information; disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; harvest or collect information about any users of the Web Site; transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Web Site; use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Web Site or any content or Information of the Web Site; modify the Information, content, programs, or other materials on the Web Site or hack into or access the Contractor Counsel servers or Web Site in an unauthorized manner; frame or mirror any part of the Web Site, without the express permission of Contractor Counsel; reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Web Site; upload or input to the Web Site any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Web Site.
Trademarks / Third Party Content. Contractor Counsel may display and distribute content and Information supplied by third parties on the Web Site. Contractor Counsel does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statement, services, offers, or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the Web Site, are those of the respective author(s) or distributor, and not Contractor Counsel. All trademarks, service marks, trade names, logos, trade dress, icons, and domain names located on the Web Site are the property of Contractor Counsel, its affiliates, their respective licensors, or other third parties. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon, and domain name displayed on the Web Site, without the written permission of Contractor Counsel or the applicable third party that may own the marks or names displayed on the Web Site. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the Web Site, or any other content or Information on the Web Site, except as provided herein, is strictly prohibited.
Passwords and Security. Certain aspects of the Web Site may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Site, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions, or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise be misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
Disclaimer of Warranties. CONTRACTOR COUNSEL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE. ALL INFORMATION AND USE OF THE WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CONTRACTOR COUNSEL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CONTRACTOR COUNSEL DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD YOU PURCHASE A CONTRACTOR COUNSEL PRODUCT FROM CONTRACTOR COUNSEL OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR COUNSEL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONTRACTOR COUNSEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CONTRACTOR COUNSEL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those Contractor Counsel has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Contractor Counsel. None of the Submissions shall be subject to any obligation of confidentiality on the part of Contractor Counsel or its affiliates, and neither Contractor Counsel nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Contractor Counsel shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.
Changes to Web Site. Contractor Counsel shall have the right at any time to change or discontinue any aspect or feature of the Web Site, including, but not limited to, content, hours of availability, and equipment and/or software required for access or use of the Web Site or any portion of the Web Site.
Software License(s). Any software that is made available to download from the Web Site (“Software”) is owned or licensed by Contractor Counsel and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark, and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the “License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties.
Without limiting the foregoing, copying, or reproduction of the Software to any other server or location for further reproduction is expressly prohibited. The Software is warranted, if at all, only in accordance with the terms of the License Agreement. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT FOR THAT SOFTWARE, CONTRACTOR COUNSEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any Software available or provided to you on the Web Site may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. Contractor Counsel does not authorize the downloading or exportation of any software or technical data from the Web Site to any jurisdiction prohibited by the United States export control laws and regulations.
NO ATTORNEY CLIENT RELATIONSHIP IS ESTABLISHED BY USE OF THE WEB SITE.