LegalBoost Terms of Service

LegalBoost LLLC Terms of Service

Project– LegalBoost LLLC (“Marketing Consultant”) is being engaged to perform the following: Consultation and execution of the services included in your selected plan. You can view our plans and pricing here – The Marketing Consultant will begin work on the date of plan purchase and the work is ongoing. This Contract can be ended by either Client or Marketing Consultant at any time.

Payment – The Marketing Consultant will automatically charge the client’s credit card on file every month. Failed payments will be reprocessed up to 3 times. If reprocessing attempts fail, the client agrees to pay the amount owed within 5 days of the date due. An unpaid balance after 5 days will result in all landing pages being taken offline and ad campaigns being turned off.

Payment of Advertising Expenses – The client is responsible for payment of all advertising expenses. Advertising expenses will be paid directly to the utilized platforms (Google, Facebook, LinkedIn, Bing, etc.). The Marketing Consultant is not responsible for these payments.

Ownership and Licenses

Marketing Consultant Ownership of Work Product – As part of this job, the Marketing Consultant is creating “work product” for the Client. “Work product” includes all landing page designs, graphics, drafts, notes, mockups, ad copy, and code. The Client is entitled to use the work product as long as they remain a client of the Marketing Consultant. Cancellation of this contract immediately results in the revocation of the Client’s right to use the Marketing Consultant’s work product.

Marketing Consultant’s Right to Use Client IP – The Marketing Consultant may need to use the Client’s intellectual property to perform certain tasks. For example, if the Client is hiring the Marketing Consultant to build and manage advertising campaigns that utilize landing pages, the Marketing Consultant may have to use the Client’s logo, photo, or bio. The Client agrees to allow the Marketing Consultant use of the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Marketing Consultant’s requested duties. Beyond that, the Client is not giving the Marketing Consultant any intellectual property rights, unless specifically stated otherwise in this Contract.

Marketing Consultant Ownership of Tracking Numbers – As part of this job, the Marketing Consultant will be using unique dynamic tracking phone numbers in ads and landing pages to track results. The Client is entitled to use the tracking numbers as long as they remain a client of the Marketing Consultant. Cancellation of this contract immediately results in the revocation of the Client’s right to use the Marketing Consultant’s tracking numbers.

Use of Client Data for Case Studies – LegalBoost LLLC (“Marketing Consultant”) reserves the right to use data derived from the execution of services for the client, including but not limited to campaign performance data, for the purpose of creating and sharing case studies, educational materials, promotional content, and for use by directly affiliated brands. This consent includes the use of the Client’s brand name, campaign results, and other related data that might be beneficial for case study purposes by the Marketing Consultant and its directly affiliated brands.

Proprietary Materials

Resources, Worksheets, Playbooks, and Proprietary Processes – All resources, worksheets, playbooks, and proprietary processes provided by LegalBoost LLLC are the intellectual property of LegalBoost. Unauthorized reproduction, distribution, or use of these materials without the express written permission of LegalBoost is strictly prohibited. The Client is entitled to use these materials as part of the LegalBoost plan license.

Website Ownership and Cancellation Policy

Website Provision with LegalBoost Plans

Clients subscribed to the LegalBoost plan (not Catalyst or Momentum) are entitled to a custom-built website as part of the plans’ benefits. The approximate build time for the website is 2 months.

Retention of Website Post-Cancellation To retain ownership of the website after cancelling the LegalBoost plans, the client must have been subscribed to the respective plan for a minimum of one year. If the client cancels the plan before completing one year, they will be required to pay the remaining balance equivalent to 50% of the plan for the remaining months.

Buyout Option If the client does not wish to continue the LegalBoost plans or pay the remaining balance, they have the option to buy out the website by paying the difference between the amount already paid and the total cost of the website. Example: If a client cancels the LegalBoost plan after 2 months, they must pay the difference between the amount already paid and the total cost of the website, which would include 50% of the LegalBoost plan for the remaining 10 months. Upon payment, the website will be migrated to the clients preferred WordPress hosting provider.

Payment Terms The payment for retaining the website or the buyout option must be completed within 7 days of cancellation. Failure to make the payment within this period will result in the suspension or removal of the website.

LegalBoost Logo and Backlink

As part of utilizing the website services provided by LegalBoost LLLC, the client agrees to include the LegalBoost logo and a backlink to the LegalBoost website in the footer of every page of the website. This logo and backlink must remain in place for as long as the client continues to use the website created by LegalBoost.

Representations

Authority to Bind – By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to these Terms of Service on behalf of the account owner and the practice. You represent and warrant that you have full authority to bind the account owner and the practice to these Terms of Service.

Client Will Comply with Laws – The Client will be responsible for final approval of all work product. The Client agrees to review and approve all work product and request modifications, if necessary, to suit their firm needs, respective state bar rules and regulations, and to verify compliance with state or federal laws prior to use in advertisements.

Work Product Does Not Infringe – The Marketing Consultant promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Marketing Consultant has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Marketing Consultant has entered into or will enter into with someone else.

Client-Supplied Material Does Not Infringe – If the Client provides the Marketing Consultant with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.

Term and Termination

Either party may end this Contract for any reason by sending an email to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 14 days. The Contract officially ends once that time has passed. The Marketing Consultant must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Marketing Consultant for the work performed until receipt of termination notice. In addition, the Client will reimburse the Marketing Consultant for any agreed-upon, non-cancellable expenses.

Independent Contractor

The Client is hiring the Marketing Consultant as an independent contractor. The following statements accurately reflect their relationship:

• The Marketing Consultant will use its own equipment, tools, and material to do the work.
• The Client will not control how the job is performed on a day-to-day basis. Rather, the Marketing Consultant is responsible for determining when, where, and how it will carry out the work.
• The Client and the Marketing Consultant do not have an employer-employee relationship.
• The Marketing Consultant cannot enter into contracts, make promises, or act on behalf of the Client other than managing advertising campaigns.
• The Marketing Consultant is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).
• The Marketing Consultant is responsible for its own taxes.
• The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers’ compensation for the Marketing Consultant or any of the Marketing Consultant’s employees or subcontractors.

Confidential Information

This Contract imposes special restrictions on how the Client and the Marketing Consultant must handle confidential information. These obligations are explained in this section.

The Client’s Confidential Information – While working for the Client, the Marketing Consultant may come across, or be given, Client information that is confidential. Examples are: caller details, client lists, statistics about a website, and other information that is private. The Marketing Consultant promises to treat this information as if it is the Marketing Consultant’s own confidential information. The Marketing Consultant may use this information to do its job under this Contract, but not for anything else. When this Contract ends, the Marketing Consultant must give back or destroy all confidential information. The Marketing Consultant must continue to follow these obligations, even after the Contract ends.

LegalBoost’s Confidential Information – The Client may come across, or be given, LegalBoost’s confidential information. Examples are: proprietary processes, business strategies, advertising campaigns, internal documents, and other information that is private. The Client promises to treat this information as confidential and use it only internally while they remain a client of LegalBoost. The Client may not share, distribute, or transmit LegalBoost’s confidential information to third parties without express written permission from LegalBoost. When this Contract ends, the Client must give back or destroy all confidential information received from LegalBoost. The Client must continue to follow these obligations, even after the Contract ends.

Limitation of Liability

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL LOSSES OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST RECORDS OR DATA, LOST SAVINGS, LOSS OF USE OF FACILITY OR EQUIPMENT, LOSS BY REASON OF FACILITY SHUT-DOWN OR NON-OPERATIONS OF INCREASED EXPENSE OF OPERATIONS, OR OTHER COSTS, CHARGES, PENALTIES, OR LIQUIDATED DAMAGES, REGARDLESS OF WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS COULD HAVE BEEN REASONABLY FORESEEN. THE PARTY’S LIABILITY FOR DAMAGES HEREUNDER AND UNDER ANY SERVICE WORK ORDER, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE TO CONSULTANT UNDER THIS AGREEMENT.

Dispute Resolution and Mediation

In the event of any disagreement or dispute arising out of or relating to this Contract, the parties agree to make a good faith effort to resolve the matter amicably through direct negotiation.

Mediation Requirement If the parties are unable to resolve the dispute through direct negotiation within 30 days, the parties agree to submit the dispute to mediation before initiating any legal action. The mediation will be conducted in accordance with the rules and procedures of a mutually agreed-upon mediation service located in Florida.

Mediator Selection The parties will mutually agree on a mediator. If the parties cannot agree on a mediator, each party will select a mediator, and the two mediators will jointly select a third mediator to conduct the mediation.

Confidentiality of Mediation All communications, discussions, and materials disclosed during the mediation process are confidential and cannot be used as evidence in any subsequent legal proceedings, except as required by law.

Costs of Mediation The costs of mediation will be shared equally by the parties unless otherwise agreed upon in writing.

Court Proceedings If the dispute is not resolved through mediation within 60 days of the mediation request, either party may initiate legal proceedings. However, the parties agree that mediation is a condition precedent to initiating any legal action or litigation.

Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

Notices

(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered by email. The notice must be delivered to the party’s email address ([email protected]) or to another address that the party has provided in writing as an appropriate address to receive notice.

(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered by email, it is considered received upon acknowledgment of receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.

Severability – This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.

Governing Law – The laws of the state of Florida govern the rights and obligations of the Client and the Marketing Consultant under this Contract, without regard to conflict of law principles of that state.

Indemnification

Indemnification by Client – At LegalBoost’s request, you agree to defend, indemnify, and/or hold harmless LegalBoost, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims, and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You or your Team Members or Users of these Terms of Service, including without limitation your representations and warranties relating to your data and User Data; (ii) claims, losses, and causes of action asserted by any Users (including without limitation your clients or patients); (iii) use of the LegalBoost Marketing Service; or (iv) your acts, omissions, or use of the Service, including without limitation your negligent, willful, or illegal conduct. In any matter in which you have agreed to indemnify LegalBoost, without the express written consent of LegalBoost, You may not settle any matter or admit liability if, upon doing so, you are admitting liability or fault on the part of LegalBoost. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Termination and Data Handling

Termination – Upon termination of this Contract, all licenses granted by LegalBoost to use the Website, Software, and the Service will automatically terminate. You are responsible for exporting all account data and ensuring the secure preservation of client data. LegalBoost will destroy user data for your account as provided in these Terms of Service.

Survival of Terms – The following terms will survive any termination of this Agreement: Sections related to Ownership and Licenses, Confidential Information, Limitation of Liability, Indemnification, and Governing Law.

Not A Lawyer Referral Service

LegalBoost is not a lawyer referral service. LegalBoost is a marketing company that helps law firms directly connect with potential clients. The services provided by LegalBoost do not include referrals to legal professionals. The services provided by LegalBoost are designed to enhance the visibility and outreach of law firms through effective marketing strategies. LegalBoost does not endorse or recommend any specific lawyers, law firms, or legal services, nor does it act as a lawyer referral service. Any information provided through LegalBoost’s services is for general informational purposes and should not be construed as legal advice or a substitute for professional legal consultation.