TERMS AND CONDITIONS OF SERVICE
CLIENT UNDERSTANDS AND ACCEPTS THAT: ZeroRisk Cases, Inc. provides leads that will undergo three processes:
- digital marketing
- call center division, and
- document services
The Campaign Fee is based upon the reasonable costs of such advertising.
ALL OF OUR SIGNED CASES ARE GENERATED AND PROCESSED USING OUR ZERORISK COMPLIANCE PROGRAMTM
FOR PERSONAL INJURY SIGNED CASES
DELIVERABLES
Each signed Claimant will include a completed intake form, signed attorney retainer agreement, HIPAA, HITECH, and any other attorney-provided documents for lead signature. In addition, all signed cases with include our ZeroRisk Compliance ProgramTM
TERMS AND CONDITIONS
This Agreement and each Insertion Order are subject to and governed by these Terms and Conditions.
Term
This Agreement shall remain in effect for so long as any Insertion Order is in effect. Following the termination or expiration of this Agreement and any Insertion Order, any and all provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting Confidentiality, Limitation of Liability, Attorney’s Fees, and Applicable Law.
Timeframes
Work will commence within 7-14 business days of payment and continue until all signed retainers have been delivered. The campaign will be ongoing until completed. A change in documents during the course of any current campaign may delay the completion of the campaign.
Replacement Policy for Signed Cases and Leads
- If the lead we signed for you does not meet the stated criteria, we replace
- We must be notified within 7 days for a replacement.
- ANY CLAIMANT THAT HAS HAD THE ATTORNEY DOCUMENTS SIGNED AND NOTARIZED WILL NOT BE REPLACED.
- There is a twenty percent (20%) maximum replacement on signed cases per campaign.
Refund Policy
There are no partial or full refunds provided by the Supplier. The Supplier will make every effort to fulfill Lead Buyer’s campaign. The Supplier will not refund any Lead Buyer’s paid campaign fees if the Supplier cannot fulfill the Lead Buyer’s campaign due to any acts of Nature, God (including lightning, floods, earthquakes, fire, or high winds), pandemics, man-made crisis, natural or man-made disaster, war, market conditions or any other force majeure that would directly or indirectly affect Supplier’s ability to complete Lead Buyer’s campaign. Should the Supplier agree, solely at Supplier’s discretion, to any refund to Lead Buyer, the maximum amount of refund would be any fees paid by the Lead Buyer on any remaining portion of the campaign minus the cost of the Supplier’s media buys spent to date.
No Assignment Amendments
LEAD BUYER may not transfer or assign any of its rights under this Agreement or any Insertion Order. This Agreement and an Insertion Order may be modified only by a written amendment signed by both parties.
Marketing Services Only
The Supplier is an advertiser providing marketing services to Lead Buyer. Lead Buyer is not a “lawyer referral service” or a “for-profit lawyer referral service.”
No Representation or Guarantee of Results
The Supplier’s sole duty and obligation shall be to run the Campaign as described in this Agreement and the Insertion Orders. The supplier does not represent or guarantee any level of response or that any interested persons shall hire Lead Buyer.
Supplier Does Not Provide Legal Advice
The supplier is not a law firm, nor is it staffed by lawyers. The supplier does not and will not provide any legal advice. If any applicant should request legal advice, the Supplier shall state that the interested person should consult with a licensed attorney for answers to legal questions.
Confidentiality
All information collected or in the possession of the Supplier shall be kept by Supplier in strict confidence.
Flat Campaign Fee—Not Based on any Contingency
Supplier’s Campaign Fee is a flat all-inclusive fee and is not contingent upon the perceived or actual value of any potential recoveries; whether or not there is any recovery in any potential claim; or any other factors.
Non-Exclusive Services
Lead Buyer acknowledges that Supplier is not exclusively engaged by Lead Buyer and that Supplier accepts engagements from numerous other parties.
Compliance with Rules of Professional Conduct
If Lead Buyer is a lawyer or a or Lead Purchaser, then Lead Buyer and the Campaign may be subject to compliance with all State, local, and other applicable rules of ethics and codes of professional conduct (collectively, “Rules of Professional Conduct). The supplier does not make any representations or warranties that its services or the Campaign is compliant with any Rules of Professional Conduct. Lead Buyer is solely responsible for assure that the Campaign, all advertising in the Campaign, and the services provided by Supplier do not violate any Rules of Professional Conduct. On written request of Lead Buyer, Supplier will provide Lead Buyer with actual copy or examples of a pre-insertion copy of advertising to be used in the Campaign so that Lead Buyer may determine if such Campaign complies with the Rules of Professional Conduct to which Lead Buyer is subject.
Not a prospective contact/Lawyer Matching Service
The supplier undertakes to publish advertising as directed by Lead Buyer. The Supplier does not undertake to “match” any particular prospective contact with any particular Lead Buyer. The Supplier’s goal is to provide Lead Buyer with the responses resulting from the Campaign.
No Recommendations
The Supplier will not make any recommendations that Lead Buyer is the “right” lawyer for anyone who responds to the Campaign or that Lead Buyer is qualified to handle any particular matter.
Limitation of Liability
ZeroRisk Cases® and all of its affiliates and subcontractors, where applicable, will not be held liable for any lead fraud or fake leads resulting from our client acquisition/lead generation campaign for the lead buyer. Each lead is subject to thorough compliance screening before the complainant is signed on behalf of the lead buyer. We execute full immunity and are indemnified from any lawsuit or prosecution relating to, but not limited to, lead fraud and fake leads that may result in a lawsuit against the lead buyer and will not be responsible for any monetary or any other damages resulting from any lawsuit filed against the lead buyer. ZeroRisk Cases® will provide compliance screening evidence for any defense required if a lawsuit is filed.
IN NO EVENT SHALL THE SUPPLIER BE LIABLE TO THE LEAD BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SUPPLIER BE LIABLE TO THE LEAD BUYER FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY THE LEAD BUYER TO THE SUPPLIER UNDER THIS AGREEMENT FOR THE MOST RECENT 30-DAY PERIOD PRIOR TO ANY ALLEGED CLAIM BY THE LEAD BUYER. SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING SUPPLIER’S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (A) THE NUMBER OF PERSONS WHO WILL ACCESS THE ADVERTISEMENT; (B) ANY BENEFIT LEAD BUYER MIGHT OBTAIN FROM ANY ADVERTISING; AND (C) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY ADVERTISING TO BE DISPLAYED.
Force Majeure
Except for payment obligations, neither party shall be deemed in default of this Agreement or any Insertion Order, nor shall it hold the other party responsible for, any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott. In the event a force majeure event described in this section extends for a period in excess of ninety (90) days in the aggregate, either party may immediately terminate this Agreement and any Insertion Order.
Attorneys’ Fees
If any action is brought at law, in equity or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement and any Insertion Order, the prevailing party shall be entitled to reasonable attorneys’ fees, for all arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled.
Applicable Law
This Agreement and all Insertion Orders are to be construed under the laws of the Commonwealth of Pennsylvania without taking into account its conflicts of law rules. Any action arising out of this Agreement or any Insertion Order or the relationship of the parties established herein shall be brought only in a court of competent jurisdiction located in Lehigh County, Pennsylvania and the parties hereby consent and submit themselves to the exclusive jurisdiction of such Courts for such purpose.
TERMS OF SERVICE (TOS)
IMPORTANT NOTICE: *All Payments To ZeroRisk Cases, Inc. Are Non-Refundable*
ZeroRisk Cases, Inc., (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of ZeroRisk Cases, Inc. Service constitutes acceptance and agreement of ZeroRisk Cases, Inc.’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of ZeroRisk Cases, Inc.
This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania, county of Lehigh applicable to contracts enforceable in that state. The venue will be Lehigh County, Pennsylvania
- Payments and Fees: All mass tort and MVA leads will be paid by wire transfer. Some services may be paid for by check or ACH as agreed upon before service is provided. Drafts returned for any reason are subject to a $25.00 returned item charge. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by the due date are subject to a $25.00 late fee. Accounts that are not collectable by ZeroRisk Cases, Inc. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than $50 nor more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. ACH Drafts are only available to U.S. Customers.
- Refund and Disputes: All payments to ZeroRisk Cases, Inc. are nonrefundable. This includes the one-time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ZeroRisk Cases, Inc.’s sole discretion is a valid charge under the provisions of the TOS , you agree to pay ZeroRisk Cases, Inc. an “Administrative Fee” of not less than $50 and not more than $250.
There are no refunds for any of our lead-generation programs. If a lead is disputed and accepted as a valid dispute, ZeroRisk Cases, Inc. will replace that lead with a new lead.
- Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: Requests for canceling accounts may be made in writing with at least 30-day notice but not more than 60 days prior to written or emailed notice and sent to:
ZeroRisk Cases, Inc.
47 N. Jefferson Street
First Floor
Allentown, PA 18102
610-437-8822
ab***@ze***********.com
FOR PERSONAL INJURY SIGNED CASES
TERMS AND CONDITIONS
This Agreement and each Insertion Order are subject to and governed by these Terms and Conditions.
Term
This Agreement shall remain in effect for so long as any Insertion Order is in effect. Following the termination or expiration of this Agreement and any Insertion Order, any and all provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting Confidentiality, Limitation of Liability, Attorney’s Fees, and Applicable Law.
Timeframes
Work will commence within 7-14 business days of payment and continue until all leads have been delivered. The campaign will be ongoing until completed.
Replacement Policy™
- If the lead does not meet the stated criteria, we replace
- We must be notified within 7-days for a replacement.
- There is a twenty percent (20%) maximum replacement per campaign.
Refund Policy
There are no partial or full refunds provided by the Supplier. The Supplier will make every effort to fulfill Lead Buyer’s campaign. Supplier will not refund any Lead Buyer’s paid campaign fees if Supplier cannot fulfill Lead Buyer’s campaign due to any acts of Nature, God (including lightning, floods, earthquakes, fire, or high winds), pandemics, man-made crisis, natural or man-made disaster, war, market conditions or any other force majeure that would directly or indirectly affect Supplier’s ability to complete Lead Buyer’s campaign. Should the Supplier agree, solely at Supplier’s discretion, to any refund to Lead Buyer, the maximum amount of refund would be any fees paid by Lead Buyer on any remaining portion of the campaign minus cost of Supplier’s media buys spent to date.
Please see our terms of service:
https://www.zerorisktorts.com/terms-of-service/
By signing this Agreement, LEAD BUYER agrees to the terms of service as outlined on the website, which are incorporated into this Agreement by reference.
No Assignment Amendments
LEAD BUYER may not transfer or assign any of its rights under this Agreement or any Insertion Order. This Agreement and an Insertion Order may be modified only by a written amendment signed by both parties.
Marketing Services Only
Supplier is an advertiser providing marketing services to Lead Buyer. Lead Buyer is not a “lawyer referral service” or a “for-profit lawyer referral service.”
No Representation or Guarantee of Results
Supplier’s sole duty and obligation shall be to run the Campaign as described in this Agreement and the Insertion Orders. The Supplier does not represent or guarantee any level of response or that any interested persons shall hire Lead Buyer.
Supplier Does Not Provide Legal Advice
Supplier is not a law firm, nor is it staffed by lawyers. The Supplier does not and will not provide any legal advice. If any applicant should request legal advice, Supplier shall state that the interested person should consult with a licensed attorney for answers to legal questions.
ConfidentialityAll information collected or in the possession of Supplier shall be kept by Supplier in strict confidence.
Flat Campaign Fee—Not Based on any Contingency
Supplier’s Campaign Fee is a flat all-inclusive fee and is not contingent upon the perceived or actual value of any potential recoveries; whether there is any recovery in any potential claim; or any other factors.
Non-Exclusive Services
Lead Buyer acknowledges that Supplier is not exclusively engaged by Lead Buyer and that Supplier accepts engagements from numerous other parties.
Compliance with Rules of Professional Conduct
If Lead Buyer is a lawyer or a or a Lead Purchaser, then Lead Buyer and the Campaign may be subject to compliance with all State, local, and other applicable rules of ethics and codes of professional conduct (collectively, “Rules of Professional Conduct). Supplier does not make any representations or warranties that its services or the Campaign is compliant with any Rules of Professional Conduct. Lead Buyer is solely responsible to assure that the Campaign, all advertising in the Campaign, and the services provided by Supplier do not violate any Rules of Professional Conduct. On written request of Lead Buyer, Supplier will provide Lead Buyer with actual copy or examples of pre-insertion copy of advertising to be used in the Campaign so that Lead Buyer may determine if such Campaign complies with the Rules of Professional Conduct to which Lead Buyer is subject.
Not a prospective contact/Lawyer Matching Service
Supplier undertakes to publish advertising as directed by Lead Buyer. Supplier does not undertake to “match” any prospective contact with any particular Lead Buyer. Supplier’s goal is to provide Lead Buyer with the responses resulting from the Campaign.
No Recommendations
Supplier will not make any recommendations that Lead Buyer is the “right” lawyer for anyone who responds to the Campaign, or that Lead Buyer is qualified to handle any particular matter.
Limitation of Liability
ZeroRisk Cases® and all of its affiliates and subcontractors, where applicable, will not be held liable for any lead fraud or fake leads resulting from our client acquisition/lead generation campaign for the lead buyer. Each lead is subject to thorough compliance screening before the complainant is signed on behalf of the lead buyer. We execute full immunity and are indemnified from any lawsuit or prosecution relating to, but not limited to, lead fraud and fake leads that may result in a lawsuit against the lead buyer and will not be responsible for any monetary or any other damages resulting from any lawsuit filed against the lead buyer. ZeroRisk Cases® will provide compliance screening evidence for any defense required if a lawsuit is filed.
IN NO EVENT SHALL SUPPLIER BE LIABLE TO LEAD BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUPPLIER BE LIABLE TO LEAD BUYER FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY LEAD BUYER TO SUPPLIER UNDER THIS AGREEMENT FOR THE MOST RECENT 30-DAY PERIOD PRIOR TO ANY ALLEGED CLAIM BY LEAD BUYER. SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING SUPPLIER’S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (A) THE NUMBER OF PERSONS WHO WILL ACCESS THE ADVERTISEMENT; (B) ANY BENEFIT LEAD BUYER MIGHT OBTAIN FROM ANY ADVERTISING; AND (C) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY A DVERTISING TO BE DISPLAYED.
Force Majeure
Except for payment obligations, neither party shall be deemed in default of this Agreement or any Insertion Order, nor shall it hold the other party responsible for, any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott. In the event a force majeure event described in this section extends for a period in excess of ninety (90) days in the aggregate, either party may immediately terminate this Agreement and any Insertion Order.
Attorneys’ Fees
If any action is brought at law, in equity or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement and any Insertion Order, the prevailing party shall be entitled to reasonable attorneys’ fees, for all arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled.
Applicable Law
This Agreement and all Insertion Orders are to be construed under the laws of the Commonwealth of Pennsylvania without taking into account its conflicts of law rules. Any action arising out of this Agreement or any Insertion Order or the relationship of the parties established herein shall be brought only in a court of competent jurisdiction located in Lehigh County, Pennsylvania and the parties hereby consent and submit themselves to the exclusive jurisdiction of such Courts for such purpose.
ZeroRisk Cases, Inc.
47 N. Jefferson Street
First Floor
Allentown, PA 18102
610-437-8822
ab***@ze***********.com