Agreement between You and Rocket Lawyer Incorporated

These Terms and Conditions are an agreement (“Agreement”) between you (“Eligible Member”) and Rocket Lawyer Incorporated ("Rocket Lawyer") regarding your use of the Rocket Lawyer On Call® (“On Call”) benefits and features as set forth below.  These On Call Terms and Conditions, and the RocketLawyer.com Terms and Conditions, which covers your use of the information, software, products, and services contained in or available through the RocketLawyer.com website (and together, the “Agreement”), constitute a legal agreement between you and Rocket Lawyer regarding your access to, or use of On Call.  On Call is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your purchase of a Rocket Lawyer Legal Plan constitutes your acceptance and agreement to all such terms, conditions, and notices. These Terms and Conditions contain a dispute resolution provision that includes arbitration and that may affect your rights.  Please read this entire Agreement carefully.

Rocket Lawyer On Call^®& Legal Plans

You may purchase a monthly or annual Rocket Lawyer Legal Plan.  Rocket Lawyer Legal Plans may include certain access to Legal Information, which includes, but is not limited to, questions, answers, articles and legal forms that are available from time to time on the RocketLawyer.com website.  For Eligible Members (as defined below), Legal Plans may also include access to legal services from Rocket Lawyer On Call attorneys on the terms and conditions as described herein.  You may not transfer or assign your Legal Plan to another party; provided, however, that certain benefits may allow an Eligible Member to extend coverage to your Eligible Family Members (as defined below), or your designated business. The "Effective Date" for each Eligible Family Member shall be the date on which the Eligible Member elects to extend coverage to such family member.

For the purposes of this Agreement:

1. The term “Eligible Member” includes any customer who purchases a Rocket Lawyer Legal Plan. 

2. The term "Eligible Family Member" includes: (a) an Eligible Member's spouse or domestic partner; (b) a dependent individual under the age of 25; (c) a dependent child, regardless of age, who is incapable of sustaining employment by reason of mental or physical disability; and (d) dependent individuals living in the Eligible Member's home such as a parent or grandparent.  Each Eligible Family Member to whom you extend coverage under this Agreement is considered an Eligible Member under On Call and is bound by the terms of this Agreement. 

3. Eligible Members may have access to pre-negotiated billing rates and service commitments from a nationwide network of attorneys.  Eligible Members may receive the benefits described below from a third party independent attorney or law firm (“Service Provider”), but, not from any employee or agent of Rocket Lawyer.  Rocket Lawyer does not provide legal services directly.  All such services are delivered in connection with a separate relationship between the Service Provider and you, to which Rocket Lawyer is not a party.  Each Service Provider is solely responsible for the legal services provided directly to you, using a separate attorney engagement agreement between you and the Service Provider.  You acknowledge that the services provided will be limited to your specific request and based on the information you provide to the Service Provider.  Further, you understand that any information or advice provided by the Service Provider does not constitute a guarantee of success in your legal situation.  

Benefits & Features

The following services may be available at no charge from your Service Provider:

• A set limit of free legal matter consultations up to thirty (30) minutes for each new legal matter with a Service Provider per year;
• A set limit of legal document review consultations for complete documents up to ten (10) pages in length each:
  • Legal documents will be eligible for review if such documents meet the 10-page maximum requirement and such documents have the same font size and style as generated by the RocketLawyer.com website (“Legal Document Requirements”). Legal documents that do not meet the Legal Document Requirements may be reviewed at the Service Provider’s discounted rate;
• Review of a Simple Will for the Eligible Member and his or her family. A Simple Will is a last will and testament completed on the Rocket Lawyer site distributing personal property and homestead, not involving trusts, specific bequests, real estate, tax matters, guardianships, living wills, health care proxies or partitions; and,
• At the Service Providers discretion, such Service Provider may:
  • write letters on the Eligible Member’s behalf (one letter up to two (2) pages); 
  • make phone calls on the Eligible Member’s behalf (one phone call);
  • provide assistance with small claims court matters and resolving matters with certain government programs, such as INS and welfare

Rocket Lawyer will negotiate discounted rates for certain services from Service Providers and publish such pre-negotiated rates and services on the Rocket Lawyer website, if and when available to Eligible Members. Flat rate services may be available in select states, but are not guaranteed in any market. If an Eligible Member hires a Service Provider, such Service Provider has contracted to charge the pre-negotiated rate for legal services that go beyond the benefits and features above. Depending on the matter this may be a flat rate or where hourly rates apply, no more than $125.00 per hour, or 40% off the Service Provider’s usual and customary hourly rate, whichever is greater. 

If an Eligible Member is not satisfied with a Service Provider, such Eligible Member may select an alternative Service Provider using the Lawyer Directory. 

Other fee arrangements shall be negotiated directly between the user and the Service Provider, as needed.  

Important: Service Providers may require an initial retainer and/or separate attorney engagement agreement prior to delivery of services. Services Providers may also require additional payment for certain services and out-of-pocket expenses. 

Exclusions from On Call

The following items are specifically excluded from the Legal Plans, and are not benefits of On Call:

• Any action that directly or indirectly involves Rocket Lawyer Incorporated or any of its affiliates, directors, agents, employees, or other Rocket Lawyer Service Providers;
• Any action that directly or indirectly involves any Service Provider; provided, however, that a Service Provider may, at its sole discretion and risk, represent an Eligible Member in a matter in which another Service Provider is representing another party as legal counsel;
• Legal matters in which a Program Sponsor of the Eligible Member in question has an adverse interest, or in which any director, officer, agent or employee thereof has an adverse interest. For the purposes of this provision, “Program Sponsor” is any company, organization or affiliation that purchases on behalf of its members a Rocket Lawyer legal plan through wholesale channels, retail channels or otherwise;
• Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;
• Any matter that, as determined by the Service Provider in the Service Provider’s sole discretion, is frivolous or illegal in nature or objective;
• Any matter or requested service that, as determined by the Service Provider in the Service Provider’s sole discretion, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
• Any legal matter involving an alleged violent crime;
• Any matter for which the Eligible Member is currently represented by other legal counsel.

Rocket Lawyer On Call and Users; Disclaimers

Rocket Lawyer On Call is not a lawyer referral service, insurance product or pre-paid legal service of any kind.    The RocketLawyer.com website is an online venue that facilitates communication between potential users of legal services and legal professionals.  RocketLawyer.com offers general information about the law and does not provide any legal advice. Rocketlawyer.com is not a law firm, and the employees of RocketLawyer.com and participating attorneys of the Q&A product are not acting as your attorney. Your use of Rocketlawyer.com does not create or constitute an attorney-client relationship between you and Rocket Lawyer, any Rocket Lawyer employee, or any attorney participating in Rocket Lawyer’s Q&A product.  Instead, you are representing yourself in any legal matter you undertake through RocketLawyer.com’s legal document service. The RocketLawyer.com website is an online venue that facilitates communication between potential users of legal services and legal professionals. 

By using Rocket Lawyer On Call and the Q&A product, you acknowledge that you are initiating contact with prospective Service Providers. Any communications with Rocket Lawyer do not create an attorney-client relationship with Rocket Lawyer and are not subject to an attorney’s duty of confidentiality.  Any information provided on the site is not a substitute for the advice of an attorney. If any type of relationship is inadvertently formed between you and a Rocket Lawyer employee or an attorney participating in the Q&A Product, that relationship is limited to the scope of what was communicated between you and that employee or participating attorney.

Rocket Lawyer does not guarantee that Eligible Members will successfully find legal representation through Rocket Lawyer On Call.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Service Providers may provide certain information regarding legal practice areas, pricing, and experience on their Lawyer Profiles.  The Lawyer Profiles are advertisements and you should read and interpret them as such.  Rocket Lawyer does not investigate, verify or warrant the accuracy of such information.  As stated, Service Providers are third-party independent contractors who are solely responsible for the legal service provided directly to you, not through Rocket Lawyer, using a separate attorney engagement agreement between you and the Service Provider.

As with all legal situations, you should discuss any concerns you may have regarding the legal representation with your attorney and get the costs and scope of your agreement for legal representation in writing. Most Services Providers discourage the use of e-mail for confidential or sensitive information.  The Eligible Member is solely responsible for assessing the quality, integrity, and trustworthiness of all persons with whom the Eligible Member communicates regarding his or her legal needs.  Each Service Provider is solely responsible to the Eligible Member for maintaining the attorney-client relationship and all legal services provided.  Each Service Provider reserves the right to make independent professional judgments regarding the legal representations. Rocket Lawyer has no influence on or involvement in the professional services of the Service Providers.  No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other attorneys.  Results of an attorney’s prior legal representation do not guarantee a similar outcome.

Rocket Lawyer Legal Plans and Use

You acknowledge and agree that Rocket Lawyer may establish general guidelines regarding On Call, including without limitation, the maximum number of free legal services you may receive in a given period of time.  In addition, you are responsible for all expenses incurred or other actions that may occur through your use of On Call.  You also acknowledge and agree that Rocket Lawyer reserves the right to modify or amend these general guidelines at any time, in its sole discretion, with or without notice.  The details or availability of On Call in any state is subject to change without notice.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority or if you do not agree with these Terms and Conditions, you may not sign up for or use On Call.  If Rocket Lawyer discovers that you do not have authority to bind the entity for which you have purchased the membership, you will be personally responsible for the obligations in this Agreement and your Rocket Lawyer account, including without limitation, any payment obligations.  Rocket Lawyer is not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and delivered by an authorized representative of your company.  If there is reasonable doubt regarding the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.  You must immediately alert Rocket Lawyer of any fraudulent, unauthorized, illegal, or suspicious use of On Call, or any other breach of security or unauthorized or illegal activity that you reasonably suspect. 

Prohibitions on Use

State and federal laws, rules, and regulations shall be referred to as "Laws." The country, state, territory, court, or administrative agency where a Service Provider is licensed to practice law shall be referred to as "Jurisdiction." 

Each Eligible Member can only use the services available through On Call if any such services do not conflict with or violate the Laws of the Eligible Member’s Jurisdiction(s).  Rocket Lawyer does not intend for users to participate in On Call if it is prohibited by the Laws of the Jurisdiction(s).  Any availability of the RocketLawyer.com website and On Call in the Jurisdiction(s) is not an invitation or offer by Rocket Lawyer to access or use the RocketLawyer.com website and any services in which Rocket Lawyer user's access and usage will violate any Laws of the Jurisdiction(s).  By using the RocketLawyer.com website and the On Call, Eligible Member accepts sole responsibility for confirming that you or any Eligible Family Member’s use or access to the Rocket Lawyer website and On Call does not violate any Laws of the Jurisdiction(s).  Rocket Lawyer reserves the right to refuse membership, or suspend or terminate a user’s account immediately and without prior notice at our discretion.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-877-881-0947. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if Rocket Lawyer 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, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, Rocket Lawyer will pay reasonable attorneys’ fees should you prevail. Rocket Lawyer will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA rules. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement

Rocket Lawyer and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited 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 this or any prior agreement (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 this Agreement.

References to "Rocket Lawyer", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Rocket Lawyer are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Rocket Lawyer should be addressed to General Counsel, Rocket Lawyer Incorporated, 182 Howard Street #830, San Francisco, CA 94105 ("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 Rocket Lawyer and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Rocket Lawyer may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Rocket Lawyer or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Rocket Lawyer is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Rocket Lawyer and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Rocket Lawyer will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or 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 ROCKET LAWYER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rocket Lawyer 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Rocket Lawyer makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Further, notwithstanding anything to the contrary, in the case of any conflict between any other terms and conditions of your use of any Rocket Lawyer website or service, the terms and conditions of this Agreement shall prevail.

Eligible Members and Service Providers:

Rocket Lawyer does not manage disputes between Eligible Members and Service Providers.  Eligible Members may notify Rocket Lawyer if you believe a Service Provider has violated these On Call Terms and Conditions.  Eligible Members also have the right to file a complaint with your state's bar association concerning the conduct of a Service Provider. 

Disclosures and Notices

Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure:

To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from Rocket Lawyer (including information provided by a Service Provider offering a free consultation) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein. 

February 2013

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