Terms of Service and End-User License
TERMS OF SERVICE AND END-USER LICENSE AGREEMENT
I. TERMS OF SERVICE
If, prior to my purchase, I believe that SpecialScores gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I acknowledge and agree that I will not proceed with this purchase, and any purchase that I do make will be null and void.
I ACKNOWLEDGE AND AGREE THAT THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO ME IN THE EVENT OF A DISPUTE AS DESCRIBED IN THE ARBITRATION AGREEMENT, CONTAINED IN SECTION I, ITEM B OF THESE TERMS OF SERVICE.
I acknowledge and agree that, upon purchase, SpecialScores grants me a limited, personal, non-exclusive, non-transferable license to use its Website and Services for my own personal use. Except as otherwise provided, I acknowledge and agree that I have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Services in any manner, except for modifications in filling out the Forms or documents for my authorized use. I shall not remove any copyright notice from any Forms or documents.
I ACKNOWLEDGE AND AGREE THAT SPECIALSCORES DOES NOT REVIEW MY PERSONAL INFORMATION OR FORMS FOR COMPLETENESS, SPELLING, OR FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
I ACKNOWLEDGE AND AGREE THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND I AM LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT. IF AM UNDER EIGHTEEN (18) YEARS OF AGE, I ACKNOWLEDGE AND AGREE THAT I AM PROHIBITED FROM PURCHASING SERVICES AND I WILL NOT DO SO.
I ACKNOWLEDGE AND AGREE THAT I AM A RESIDENT OF THE UNITED STATES OF AMERICA AND NOT OF ANY OTHER COUNTRY. IF AM NOT A RESIDENT OF THE UNITED STATES OF AMERICA, I ACKNOWLEDGE AND AGREE THAT I AM PROHIBITED FROM PURCHASING SERVICES AND I WILL NOT DO SO.
I ACKNOWLEDGE AND AGREE THAT I AM NOT AN EMPLOYEE, OFFICER, AGENT, REPRESENTATIVE, COUNSEL, CONTRACTOR, SPOUSE, RELATION OR OTHERWISE CONNECTED OR AFFILIATED WITH ANY COMPANY OR ENTITY, IN THE PAST, PRESENT, OR FUTURE, CONSIDERED A CREDIT REPORTING AGENCY, A DATA FURNISHER, OR A DATA BROKER (“PROHIBITED CREDIT REPORTING AGENCY USER”). IF I AM A PROHIBITED CREDIT REPORTING AGENCY USER, I ACKNOWLEDGE AND AGREE THAT I AM BANNED FROM PURCHASING SERVICES AND I WILL NOT DO SO. IF I USE THIS SITE IN CONTRAVENTION OF THESE TERMS, I AGREE TO A CONFESSION OF JUDGMENT AGAINST MYSELF AND THE COMPANY OR ENTITY WITH WHICH I AM ASSOCIATED.
A. USER ACKNOWLEDGMENTS AND AGREEMENTS
Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to SpecialScores and have obtained all third-party consents required for my order.
Electronic Records and Signatures. I give SpecialScores consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed or issued, by contacting SpecialScores.
Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD SPECIALSCORES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SPECIALSCORES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SPECIALSCORES, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
Cancelled and Abandoned Orders. I acknowledge and agree that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after the purchase, unless SpecialScores is at fault. All itemization of fees are displayed for convenience only. Both parties acknowledge that SpecialScores is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to SpecialScores for reimbursement of our commitment to service this order.
No Exchanges. I acknowledge and agree that each product, or combination of products, is unique and individualized, and that once my order is processed it cannot be undone. Furthermore, I acknowledge and agree that I cannot request an exchange of one product for a different product after my purchase is executed. Because a processed order cannot be undone or recalled, SpecialScores will, in the event of an error or mistake, work with me to submit an additional request(s).
Suspended Accounts. If SpecialScores encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge and agree that SpecialScores, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that SpecialScores disables my account, I acknowledge and agree that, absent a subpoena or court order, no information about my account will be provided to anyone outside SpecialScores, including me or any authorized contact, until the investigation is complete. Additionally, I acknowledge and agree that SpecialScores, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge and agree that SpecialScores will not be liable for any delays caused by these policies and procedures.
B. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing us at Service@SpecialScores.com or calling us at (412) 345-1093. In the unlikely event that SpecialScores is unable to resolve your complaint to your satisfaction (or if SpecialScores has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Moreover, in arbitration you may not recover attorney’s fees from SpecialScores to the same extent or more as you would in court. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, SpecialScores will pay all costs of the arbitration for users with demonstrated financial need. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances (as explained below), SpecialScores will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what SpecialScores offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
- Arbitration Agreement:
(a) SpecialScores and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “SpecialScores,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
YOU AND SPECIAL SCORES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.
You agree that, by entering into these Terms, you and SpecialScores are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to SpecialScores should be addressed to: Notice of Dispute, General Counsel, Special Scores, LLC, 1310 Old Freeport Road, #11541, Pittsburgh, PA 15238 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If SpecialScores and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SpecialScores may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SpecialScores or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SpecialScores is entitled. (You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at https://www.adr.org.)
(c) Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, SpecialScores will pay it directly after receiving a written request at the Notice Address. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless SpecialScores and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which SpecialScores was a party. Except as otherwise provided for herein, SpecialScores will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse SpecialScores for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of SpecialScores’ last written settlement offer made before an arbitrator was selected, then SpecialScores will:
- pay you either the amount of the award or $500 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
If SpecialScores did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of SpecialScores’ last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before SpecialScores’ settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws SpecialScores may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, SpecialScores will not seek such an award, for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SPECIAL SCORES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and SpecialScores agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
C. USE OF FORMS
If you have purchased a credit report request, credit score request, opt-out request, or dispute request from SpecialScores (the “form”), you acknowledge and agree that the following provisions apply to you:
(a) License. SpecialScores grants you a nonexclusive, non-transferable worldwide right to use the form(s) you have purchased. This license allows you to access, download, use, and edit the form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by SpecialScores and its licensors.
(b) No Guarantee. SpecialScores does not guarantee that any Form provided is suitable for a particular purpose, or that any Form provided is accurate, reliable, complete or timely. The Forms provided are for informational and educational purposes only, and should not be relied upon as legal advice from SpecialScores.
Delivery. I acknowledge and agree that SpecialScores uses a variety of methods to deliver finished products. For products delivered via physical shipment, I understand that SpecialScores uses a variety of carriers.
Sample Templates. I acknowledge and agree that I have had the opportunity to view sample templates of SpecialScores documents and may contact SpecialScores with questions or for assistance locating sample templates.
Reviews. After your purchase, you may receive an email survey request from SpecialScores. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
Text messages and SMS Programs. SpecialScores, at its sole discretion, may offer SMS/text message/ iMessage/ Messenger/ WhatsApp based programs (“Mobile Alerts”). When available, you may opt-in to receive Mobile Alerts messages by providing your phone number. In some instances, we may also provide you the opportunity to opt-in post-purchase. By opting in, you will receive messages regarding the status of your order and assistance with accessing the products you have purchased. The number of messages you will receive will vary depending on the steps needed to complete your order. To opt-out of receiving “Mobile Alerts” from SpecialScores, you may reply with STOP to cancel (msg & data rates may apply), email Service@SpecialScores.com or call us. For more information, you may reply with HELP (msg & data rates may apply), email Service@SpecialScores.com, or call us.
Access to World Wide Web; Internet Delays. To use SpecialScores services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain SpecialScores services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I acknowledge and agree that SpecialScores is not responsible for delays, delivery failures, or other damage resulting from such problems.
Force Majeure. SpecialScores shall not be considered in breach or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, SpecialScores may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
No Affiliation with Credit Reporting Agencies. On the Site and through the Application, SpecialScores publishes educational material and information pertaining to entities qualified as consumer credit reporting agencies, furnishers of information, and data brokers under applicable federal and state laws. I acknowledge and agree that SpecialScores is not affiliated with, or endorsed by, any credit reporting agency, furnisher of information, or data broker.
Not a Credit Repair Organization. I acknowledge and agree that SpecialScores is not a credit repair organization. On the Site and through the Application, SpecialScores publishes educational material and information pertaining to consumer credit reporting agencies, consumer credit reports, and consumer credit scores. Information and material available on the Site and through the Application is not sold or exchanged in return for the payment of money or other valuable consideration. I acknowledge and agree that information and material available on the Site and through the Application is not provided, and shall not be considered provided, for the express or implied purpose of: (i) improving my or any consumer’s credit record, credit history, or credit rating; or (ii) for providing advice or assistance to me or any consumer with regard to my or any activity or service for the express or implied purpose of improving my or any consumer’s credit record, credit history, or credit rating.
Compliance with Export Restrictions. I acknowledge and agree that I may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. I agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and I agree to assume sole responsibility for obtaining licenses to export or re-export as may be required. I acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Personal Use. I acknowledge and agree that the site is made available for my personal use on my own behalf. Commercial, corporate, or for-profit use of this Site is strictly prohibited. I acknowledge and agree that I will use the Site and its resources only for personal use on my own behalf.
Children. I acknowledge and agree that minors (individuals under the age of eighteen (18)) are not eligible to use the Site or Applications. I acknowledge and agree that I am not a minor (individual under the age of eighteen (18)).
Non-English-Speaking Customers. Certain materials on the Site, including but not limited to questionnaires, documents, instructions, and filings, are only be available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. I acknowledge and agree that, in the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Customers Needing Extra Assistance. SpecialScores aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the SpecialScores website, or otherwise have difficulties using the SpecialScores website, please call (412) 345-1093 and our team will assist you.
Choice of Law and Forum. I acknowledge and agree that any legal action or proceeding relating to my access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in Section I, Item B of these Terms of Service. I acknowledge and agree that these Terms of Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
- (a) Choice of Law: I acknowledge and agree that these Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be controlled by the laws of the State of Delaware without regard to its conflict of law provisions. I acknowledge and agree that, in no event, will the parties bring claims against one another under the laws of another jurisdiction.
- (b) Forum: I acknowledge and agree that, if for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between me and SpecialScores, will be brought exclusively in the courts located in Allegheny County, Pennsylvania or the U.S. District Court for the Western District of Pennsylvania. In such cases, I acknowledge and agree that myself and SpecialScores both agree to submit to the personal jurisdiction of the courts located within Allegheny County, Pennsylvania or the Western District of Pennsylvania, and both agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Right to Refuse. I acknowledge and agree that SpecialScores reserves the right to refuse service to anyone and to cancel user access at any time.
Waiver. I acknowledge and agree that the failure of SpecialScores to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability of Terms. I acknowledge and agree that, if any provision (or part of a provision) of these Terms is found to be invalid, SpecialScores and I nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
Assignment by SpecialScores. I acknowledge and agree that SpecialScores may freely assign these Terms of Service and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers, ventures, or liquidations).
II. LEGAL RETAINER AGREEMENT
A. USER ACKNOWLEDGMENTS AND AGREEMENTS
Retention of Counsel. I (“Client”) hereby retain the Winston Law Firm, LLC of Pittsburgh, Pennsylvania (“Law Firm” or “Attorneys”) to represent me and provide legal counsel in the limited scope of requesting, disputing, and opting-out of the regulated databases of certain companies and entities. I acknowledge and agree that this engagement is strictly limited to the matters enumerated herein (and no more) and that representation shall cease upon the complete processing of a request, dispute, and or opt-out.
Authorization of Representation. Attorneys agree to represent Client in connection with the matters described herein. I acknowledge and agree that Attorneys are authorized to undertake all reasonable and appropriate efforts to provide effective representation on Client’s behalf.
Scope of Engagement. I acknowledge and agree that representation by Attorneys is limited to the transactional matters described herein. Representation of Client in any other legal proceeding or litigation matter not specifically delineated herein is subject to mutual agreement and the signing of a new retainer agreement.
Protection of Attorney-Client Privilege. I acknowledge and agree that the establishment of an Attorney-Client relationship through a duly executed legal retainer agreement confers the protection and confidentiality of Attorney-Client privilege. Attorneys shall not reveal information relating to Clients’ representation unless Client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, or disclosures obligated at law. Furthermore, Attorneys shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of Client. Additionally, Attorneys’ duty not to reveal information relating to representation of Client continues after the client-lawyer relationship has terminated.
Fees for Legal Services Performed. Attorneys require Client to provide a retainer payment prior to the commencement of representation. Client will be assessed and invoiced according to the terms of this retainer agreement and the package of services Client selects. Client agrees to pay a flat fee to Attorneys and acknowledges that the attorneys fees are for actual legal services performed. Client can review Attorneys rate prior to purchase.
Clients Duty to Disclose. I acknowledge and agree to fully cooperate with Attorneys and shall not willingly withhold essential information known to be relevant to this representation. Client agrees to provide all further information and papers requested by the Attorneys and to cooperate fully in connection with the representation.
Waiver of Conflicts. I acknowledge and agree that there may be potential and/ or actual conflicts of interest between Attorneys and other business entities. I acknowledge and agree that I have been advised of my right to consult independent counsel concerning any such conflicts and hereby waive any such conflicts. I acknowledge and agree that, should there develop a conflict of interest between Attorneys and other business entities, Attorneys are authorized to discontinue representing some or all of the named parties according to Attorney’s sole discretion.
PA Insurance Notice. I acknowledge and understand that, pursuant to Pennsylvania Rule of Professional Conduct 1.4(c), the Commonwealth of Pennsylvania does not require the purchasing of professional liability insurance of at least $100,000 per occurrence and $300,000 in the aggregate per year. I acknowledge and agree that I am advised that, for this engagement, Attorneys do not maintain professional liability insurance coverage of at least $100,000 per occurrence and $300,000 in the aggregate per year from a licensed insurance carrier.
Attorneys’ Right to Withdraw. I acknowledge and agree that Attorneys may withdraw from it representation in this matter at their sole discretion by delivering a written Notice of Intent to withdraw to Client via electronic or postal mail (at Attorneys’ election). In the event of withdrawal, Attorneys will return any unused portion of payment. Thereafter, Attorneys will have no further obligation to the Client.
Clients’ Right to Discharge. I acknowledge and agree that I have the right to discharge Attorneys, but agrees that, if seeking to discharge, I will do so by contacting Service@SpecialScores.com.
Method of Correspondence. I acknowledge and agree that all written correspondence from Attorneys to Client shall be addressed to Client at the contact information provided upon purchase. Correspondence sent via electronic or postal mail to Client at such address shall be deemed notice to it regarding the contents thereof. If Client changes his/ her electronic or postal mailing address, Client understands that he/ she must provide notice to Attorneys within ten (10) calendar days. I acknowledge and agree that I may also be reached by telephone. If Client changes her/ his telephone number or she/ he will provide notice to Attorneys within ten (10) calendar days.
Ownership of Records. Client acknowledges and agrees that all materials and documents related to this engagement are owned solely and exclusively by Attorneys. Such materials and documents may include, but are not limited to, legal forms, legal request letters, cover letters, dispute letters, opt-out requests, notes, questionnaires, surveys, emails, correspondences, notes, deliverables, data, and attorney work product. Client acknowledges and agrees that it has no ownership, right, interest, title, license, claim, or equity of any kind in the materials and documents related to this engagement.
Retention of Records. For a period of time of one (1) year following the date of final completion, Attorneys shall retain and store all necessary materials and documents strictly related to its specific representation in this matter. During this period of time, the Client may request specific stored materials and documents from Attorneys. The Attorneys and the Client will take care to preserve the confidentiality of the information contained in the materials and documents. Client acknowledges and agrees that, upon the expiration of one year (1) following the date of final completion, Attorneys shall automatically destroy all Client materials and documents. Client acknowledges and agrees that no additional notice by Attorneys, or consent by Client, is required prior to the destruction of any materials and/ or documents.
B. CONSENT TO ARBITRATION OF FEE DISPUTES
BINDING ARBITRATION OF QUALIFYING FEE DISPUTES. IN THE EVENT THAT A QUALIFYING DISPUTE ARISES BETWEEN US RELATING TO FEES, CLIENT AND ATTORNEYS HEREBY ACKNOWLEDGE AND CONSENT TO SUBMIT ALL SUCH DISPUTES TO THE SPECIAL FEE DETERMINATION COMMITTEE OF THE BAR ASSOCIATION OF ALLEGHENY COUNTY, PENNSYLVANIA, FOR COMMON LAW ARBITRATION. CLIENT AND ATTORNEYS AGREE THAT THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING. CLIENT AND ATTORNEYS FURTHER ACKNOWLEDGE THAT A JUDGMENT MAY BE ENTERED ON THE AWARD ON APPLICATION OF A PARTY PURSUANT TO 42 PA.C.S.A. § 7341 (RELATING TO COMMON LAW ARBITRATION) AND/OR 42 PA.C.S.A. § 7342(B) (RELATING TO CONFIRMATION AND JUDGMENT).
Forum. Client acknowledges and agrees that, if for any reason a dispute proceeds in court rather than through arbitration, all such disputes (regardless of theory) arising out of or relating to this Retainer, or the relationship between the Client and the Winston Law Firm, LLC, will be brought exclusively in the courts located in Allegheny County, Pennsylvania or the U.S. District Court for the Western District of Pennsylvania. In such cases, Client acknowledges and agrees that he/ she and the Winston Law Firm, LLC both agree to submit to the personal jurisdiction of the courts located within Allegheny County, Pennsylvania or the Western District of Pennsylvania, and both agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Choice of Law. Client acknowledges and agrees that this Legal Retainer and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be controlled by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. I acknowledge and agree that, in no event, will the parties bring claims against one another under the laws of another jurisdiction.
C. NO MODIFICATION OF RETAINER
Complete Retainer. I acknowledge and agree that the items contained within these pages are the complete and exclusive terms of our Attorney/ Client legal retainer agreement. This retainer may not be amended or modified.
Severability. Whatsoever terms and conditions are unenforceable or invalid at law shall be severed from the remaining terms, which shall remain in full force and effect.
Terms of Service: v1.2. Last updated Oct. 1, 2019.