DefenseCoverage.com Terms of Use
DefenseCoverage.com provides a subscription service to legal educational materials that allows members to access legal educational content through various methods, such as blogs, videos, emails, and other platforms (“DefenseCoverage.com” content) DefenseCoverage.com is an education program provided by Defense Duo, PLLC, a Michigan Professional Limited Liability Company, and therefore an applicant’s “membership” in the service does not confer any ownership interest whatsoever in Defense Duo, PLLC. Becoming a member of DefenseCoverage.com does not confer any rights to ownership, voting, information, or any other interest in DefenseCoverage.com. The terms and conditions of membership in the service, and the obligations of the DefenseCoverage.com are governed by the terms and conditions in this Terms of Use document and are contractual in nature.
As used in these Terms of Use, “DefenseCoverage.com”, “our service”, or “the service” means the legal educational material provided by DefenseCoverage.com, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content, and software associated with our service, none of which constitute in any way, matter or form legal advice or establish an attorney-client relationship between members and Defense Duo, PLLC.
YOU AGREE TO THE ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN ARBITRATION SECTION TO RESOLVE ANY DISPUTES WITH DEFENSECOVERAGE.COM OR DEFENSE DUO, PLLC. (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
MEMBERSHIP ELIGIBILITY
An applicant who completes a Membership Application, and meets all the requirements for membership, and pays the membership dues as directed, shall be enrolled as a member of DefenseCoverage.com (as contractually defined in this Agreement), and such applicant shall be considered the Primary Member. A Primary Member must be at least 18 years of age. A Primary Member who elects to have their spouse and/or minor child (ages 16-17 of minor children only) added as a member of the Service must complete the “Secondary Members” portion of the Membership Application. If such Secondary Person meets the requirements for membership, and the additional fees are paid to add the Secondary Person as a member, that person shall be enrolled as a Member of DefenseCoverage.com, and such person shall be considered the Secondary Member. For purposes of the Membership Agreement, “Secondary Person” means the spouse or domestic partner of the Primary Member, and/or minor child of Primary Member.
Primary Member (and Secondary Member, if applicable) accept all the terms of this membership agreement, which is a legal and enforceable contract between Primary Member (and secondary member, if applicable) and Defense Duo, PLLC. By clicking the “I Agree” or “Yes” button or otherwise indicating assent electronically, or by making payment under this agreement and the membership application, you agree to the Terms and Conditions of this Membership Agreement. If you do not agree to these terms and conditions, click the “Cancel” or “No” or “Close Window” button, cancel your membership, do not complete the Membership Application or complete the membership purchase, whichever is applicable. You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
USE OF LEGAL EDUCATION MATERIALS
To use the DefenseCoverage.com service, you must have Internet access (which DefenseCoverage.com is not responsible for providing) a valid email address (which DefenseCoverage.com is not responsible for providing) and provide DefenseCoverage.com with one or more approved Payment Methods. The educational legal service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your membership, we grant you a limited, non-exclusive, non-transferable right to access the service and view our content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
The service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of content. You can turn off tests participation at any time by visiting the “Account” page and changing the “Test participation” settings.
DefenseCoverage.com may offer opportunities to join other programs, including special promotional plans, or memberships offered by third parties in conjunction with the provision of their own products and services. DefenseCoverage.com is not responsible for the products and services provided by such third parties. You can find specific details regarding your DefenseCoverage.com membership by visiting our website and clicking on the “Account” link.
PAYMENT
“Payment” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. DefenseCoverage.com accepts credit cards, debit cards, or direct drafts from a bank account only. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below). The membership fee for DefenseCoverage.com, or any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will be for a one-month period and will automatically renew each month unless it is terminated according to rules in this contract. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.
You can update your Payment Methods by going to the “Account” page. DefenseCoverage.com may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize DefenseCoverage.com to continue to charge the applicable Payment Method(s).
Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. DefenseCoverage.com may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
BILLING AND CANCELLATION
To use our service, you must provide one or more Payment Methods. Your DefenseCoverage.com membership will continue and automatically renew until terminated. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
If account is not settled within 15 days after due date the account and any potential benefits will be suspended and unavailable for use. If account is not returned to active status 14 days after account is suspended or inactive then account will be terminated. The former Primary Member may start membership again by paying a reactivation fee of $50.00 plus any membership fees owed. If members’ account goes inactive, no potential benefits would apply during inactive stage. Member would have to wait 30 days for any potential benefits to begin again just like any first time, or new member to the service. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
You can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you joined DefenseCoverage.com and used third party to sign up as a Payment Method and wish to cancel your service membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the service through that third party. You may also find billing information about your membership by visiting your account with the applicable third party.
CHANGES TO THE PRICE AND SUBSCRIPTION PLANS
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you. DefenseCoverage.com shall post the most recent version of the Membership Agreement terms on its website. The Membership Agreement terms on DefenseCoverage.com website shall constitute the current, binding, and enforceable Membership Agreement. Primary Member and Secondary Member agree to be bound by the terms of the then existing Membership Agreement posted on DefenseCoverage.com website.
MEMBER TERMINATION AND REFUND POLICY
DefenseCoverage.com has the right to terminate the membership of any Primary Member or Secondary Member at any time if DefenseCoverage.com determines in its sole and absolute discretion that such person’s membership involved any type of fraud, bad faith, criminal or malicious intent, or would be harmful to the continued operation and good reputation of DefenseCoverage.com, and/or Defense Duo, PLLC. Such termination may be retroactive in the case of fraud, bad faith, or criminal or malicious intent.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some, or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of DefenseCoverage.com. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate DefenseCoverage.com to provide credits in the future, under any circumstance.
ATTORNEY-CLIENT RELATIONSHIP NOT FORMED BY BECOMING A MEMBER OF DEFENSECOVERAGE.COM
Member understands and agrees that membership in DefenseCoverage.com in no way establishes an attorney-client relationship. Member understands and agrees that if legal services
or advice is needed the member MUST enter into a Retainer Agreement for legal services with the Defense Duo, PLLC. Member understand and agrees that NO attorney-client confidentiality communication can occur as a result of this membership. If member wants attorney-client confidentiality, member must enter into a Retainer Agreement with Defense Duo, PLLC Law Firm. Member understands that if member seeks or wants legal advice, member must enter into a Retainer Agreement with Defense Duo, PLLC. Member acknowledges that he/she is not a client of the Defense Duo, PLLC Law Firm and is not entitled to legal representation unless member has entered into a Retainer Agreement with Defense Duo, PLLC Law Firm.
EDUCATIONAL SERVICE IS NOT LEGAL ADVICE
Member understands and agrees that, and information received via the service IS NOT LEGAL ADVICE. Any individual that is receiving this information understands and agrees that any information gained during the course of the membership is of a general nature and is not to be used in their own individual situation and is not to be considered legal advice. If member so desires legal advice, please consult an attorney in a one-on-one setting in order to get legal advice that pertains to your unique circumstances.
MISCELLANEOUS PROVISIONS
You agree to use DefenseCoverage.com service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the DefenseCoverage.com service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the DefenseCoverage.com service; use any robot, spider, scraper or other automated means to access the DefenseCoverage.com service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the DefenseCoverage.com service; insert any code or product or manipulate the content of the DefenseCoverage.com service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the DefenseCoverage.com service, including any software viruses or any other computer code, files or programs. DefenseCoverage.com may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
DefenseCoverage.com does not accept unsolicited materials or ideas for content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DefenseCoverage.com. Should you send any unsolicited materials or ideas to DefenseCoverage.com, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DefenseCoverage.com and Defense Duo, PLLC, PLLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
DefenseCoverage.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the service, including the DefenseCoverage.com website and user interfaces, worldwide and in perpetuity without
further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving DefenseCoverage.com service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
While the information received through the service may be legal in nature, the member understands and accepts that the information received is not legal advice and is not accepted as legal advice. Members understand and accept that if they want legal advice, member will consult with an attorney, in a one on one setting, where member can discuss their unique situations and circumstances to get the legal advice.
Any information received by member through DefenseCoverage.com is current at the time of recording or posting and accurate to the best of knowledge of the DefenseCoverage.com. Members should review date of material posting and understand laws, and policies change and it the Members responsibility to know the current laws. Member agrees to check date of posting and also agrees to hold DefenseCoverage.com or Defense Duo, PLLC, harmless of any change to law that may take place after the posting of any material.
PASSWORDS AND ACCOUNT ACCESS
The member who created the DefenseCoverage.com account and whose Payment Method is charged (The Primary Member) has access and control over the DefenseCoverage.com account and is responsible for any activity that occurs through the DefenseCoverage.com account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Primary Member should maintain control over the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. DefenseCoverage.com can terminate your account or place your account on hold in order to protect you, DefenseCoverage.com or our partners from identity theft or other fraudulent activity. DefenseCoverage.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of DefenseCoverage.com or by the automated processes of DefenseCoverage.com.
CHANGES TO TERMS OF USE AND ASSIGNMENT
DefenseCoverage.com may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. DefenseCoverage.com may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable DefenseCoverage.com service.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
To the extent permissible under applicable laws, in no event shall DefenseCoverage.com, Defense Duo, PLLC PLLC or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.
SURVIVAL
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
COMMUNICATION PREFERENCES
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of Michigan. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organization will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. without regard to conflict of law provisions. These terms of use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Last Updated: January 31, 2020
