In addition to the base Legal Support Services described in the Subscription Agreement,certain subscription plans include additional legal services (the “Services”) provided by independent attorneys sourced by the Blacklist Alliance. This Addendum governs the delivery of those Services.
1. ACCESSING SERVICES
The Services described in this Addendum will only become available after 90 days following your initial sign-up date, and only remain available as long as your subscription remains active and in good standing. All requests for Services must be directed to us in a prompt manner to allow sufficient time for preparation and response.For Settlement Service requests must be submitted within the time frames specified in Section 3; otherwise, we will have no obligation to provide them.(a) Annual Period: Your plan will designate the number of prepaid services you may access on an annual basis. The annual period begins after 90 days, and will extend for a period of one year, and each one year period thereafter.
2. LEGAL SERVICE PROVIDERS
Services will be provided by licensed, practicing attorneys selected by us (hereinafter referred to as “Service Providers”). Note that Service Providers may or may not be admitted to practice in your state. If an assigned Service Provider is not admitted in your state, any legal advice they provide will be limited to the Telephone Consumer Protection Act (TCPA) and other Federal statutes and the law of the state(s) in which they are admitted.
3. SETTLEMENT SERVICES
Service Providers will attempt to settle TCPA Prelitigation Demands and Pro-Se Lawsuits. “Prelitigation Demands” are written threats of legal action based on alleged violations of the TCPA that are submitted by individual consumers(“Plaintiffs”) or attorneys prior to filing a lawsuit in court. “Pro-Se Lawsuits” are lawsuits filed in State or Federal court by an individual Plaintiff who is not represented an attorney.For Pro-Se lawsuits to be covered under this Addendum, you must contact us within three (3) business days after being served with a copy of the Summons and Complaint. (a) Settlement Process: After discussing the matter with the Service Provider, you will set the maximum amount (the “Max Amount”) you are willing to pay to settle the case. The Service Provider will contact the Plaintiff and attempt to settle the matter for an amount less than or equal to the Max Amount. In the event Plaintiff is unwilling to accept the Max Amount, you may increase the Max Amount at your discretion, and the Service Provider will attempt to settle the matter for less than or equal to that amount. If the Plaintiff is unwilling to accept the increased Max Amount, the attorney will have no further obligation to continue settlement discussions on your behalf, or to represent you in court. 2(b) Settlement Agreement: If the Plaintiff accepts the settlement offer, the Service Provider is shall obtain a signed Settlement Agreement and Release and oversee the dismissal of the case, if one has been filed. (c) Your Responsibilities: If you want to settle the matter, you must be willing to set a reasonable Max Amount based on the underlying facts, as determined by the Service Provider based on their experience and professional judgment. If a settlement is reached, you must pay the agreed-upon amount in accordance with the settlement agreement. You hereby acknowledge and agree that time is of the essence in connection with the settlement of pending legal actions, and that any failure to make payment in the manner and time frame specified will violate the terms of the settlement agreement and the underlying legal action will continue. You also agree to be truthful with us and the Service Provider, to cooperate, to keep the Service Provider apprised of issues that may affect the settlement negotiations as soon as they come to your attention.
4. SERVICE LIMITATIONS
(a) Represented Plaintiffs: Settlement Services only cover Pro-Se Lawsuits and do not apply if a lawsuit has been filed by an attorney.(b) No Litigation: This Addendum does not cover representing you in court. If a matter isin actual litigation (which means a lawsuit has been filed), the Service Provider will not appear in Court on your behalf, and has no obligation to represent in any manner whatsoever apart from attempting to settle the matter as described above. If the attorney is admitted to practice in the jurisdiction in which the case is filed, you may retain the attorney separately. Note that any such representation is entirely separate from the services provided by us, and any retainer or legal fees must be paid directly to the Service Provider.(c) Post Judgment Relief: This Addendum does not cover assistance in connection with any garnishment, attachment, or post-judgment relief action.
5. LEGAL FEES AND COSTS
Any legal fees associated with services rendered by a Service Provider that are not covered by this Addendum will be invoiced by and payable to the Service Provider. Attorney is under no obligation to incur any unusual or non-customary costs in connection with the Services to be provided hereunder. In the event it is necessary to expend costs (i.e., overnight delivery costs, wire fees, etc.), you must pay such costs directly, or to promptly reimburse Attorney upon request.
6. DISCLAIMER OF GUARANTEE AND ESTIMATES
Nothing in this Addendum shall be construed as a promise or guarantee about the outcome of the Services to be provided 3 hereunder. Any comments made with respect to the outcome of any particular matter are expressions of opinion only.