1. SERVICES; OUR PLATFORM
Subject to your acceptance of and compliance with these Terms and with the applicable payment requirements for the Services, MTD hereby grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable right and license to access and use our Platform, solely in accordance with these Terms. Our Platform is designed to help you and other users to: (i) get matched with attorneys to challenge traffic violation tickets; (ii) quickly and easily connect and communicate with attorneys or law firms who have pre-agreed to a base flat-fee for legal representation (collectively, “attorneys”) to challenge traffic violations tickets, and (iii) payment processing for your MyTicketDefense platform usage fee and the Attorney Service Provider fee (collectively, the “Traffic Services” or the “Services”).
To access our Platform, you will be asked to register and maintain an active user account (your “Account”), which includes, among other things, your credit card information and/or other valid payment method, and those traffic violation number(s) you choose to link to your Account (your “Violation Number(s)”). You hereby acknowledge, understand and agree that your use of our Platform and Services is intended for your personal, non-commercial use, unless otherwise previously authorized by us in writing.
2. DISCLAIMER OF ATTORNEY-CLIENT RELATIONSHIP
MTD (i) is not a law firm; (ii) does not perform legal services that an attorney performs; and (iii) is not permitted to engage in the practice of law, including without limitation providing any kind of opinion or recommendation about legal rights, defenses or strategies. Any information provided to you is information that has been obtained from attorneys available to assist you and conveyed as general information on how those particular attorneys handle their cases, their particular past results, and anticipated goals to handle your case. You hereby acknowledge, understand and agree that MTD is not, under any circumstances your lawyer or legal representative or counsel in any way.
Any attorney-client relationship formed by you and any Attorney Service Provider (as defined below) pursuant to the Services, including without limitation the Traffic Services, is between you and such Service Provider and not between MTD and you. MTD is designed to facilitate communications between its users and Service Providers but does not endorse any particular attorney or other Service Provider and shall not be held responsible for the quality or accuracy of any legal services provided by any attorney or other Service Provider. If you choose to initiate a relationship with an attorney or other Service Provider via our Platform, you do so at your sole discretion. MTD does not assume, nor will MTD have, any liability or responsibility to you or any other person in connection thereto. Any attorney or other Service Provider retained by you through our Platform can only agree to provide legal representation in connection with the traffic violation ticket(s) specifically provided by you (whether or not via our Platform).
3. USE OF THE TRAFFIC SERVICES
Submitting your Traffic Tickets. We require you submit your Traffic tickets through our Platform unless you are unable to do so and we have provided you with alternate instructions on submitting your traffic tickets or traffic ticket information.
Service Providers. The Traffic Services are made available by MTD Network Attorneys, the Attorney Service Providers. By using the Traffic Services, you authorize our Attorney Service Providers to represent you at the applicable municipal, governmental, or other authority on all matters concerning any Traffic tickets you submitted via our Platform.
MTD Service. Upon submitting your Traffic tickets through our Platform, MTD will begin performing the following services for you: matching you with an attorney in our network, submitting your ticket information to the Attorney Service Provider, assisting you and your Attorney Service Provider to engage in initial communication so the Attorney Service Provider and you can make the decision to either accept or reject your case and/or the attorney-client relationship, initial submission of your information to the Attorney Service Provider so they can perform services for you under the Attorney Representation Agreement, and processing of payments for your MTD usage fee and the Attorney Service Provider fee.
Standstill Provision. Once a Traffic ticket is submitted through our Platform, you hereby expressly, unconditionally and irrevocably agree: (i) not to take any course of action that will directly or indirectly disrupt, intervene, or circumvent our Attorneys Service Providers’ and any efforts on your behalf and (ii) not to take any action related to any of your Traffic tickets for 24 hours if MTD: (1) cannot match you with a network attorney, in which case you need to find your own attorney, or (2) an attorney has declined your case, in which case you need to find your own attorney or choose another attorney on our network.
Communication with Service Provider
MTD and Attorney Service Providers may at time to time process a considerable amount of Traffic tickets through our Platform that are being handled by our Attorney Service Providers at any given time. Responding to individual requests regarding the status and the details of any one specific case is not an obligation of MTD and should rather be directed directly to the Attorney Service Providers. Therefore, MTD may not respond to individual inquiries regarding the details or specifics regarding any particular Traffic ticket, representation, hearings or decisions related thereto, unless it chooses to obtain such updates from the Attorney Service Provider and convey them to you on behalf of the Attorney Service Provider. We recommend all users of our Platform to periodically and independently check to follow up on the status of their pending tickets with the Attorney Service Provider directly if the Attorney Service Provider has not posted an update within the MTD platform.
MTD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OBTAINED USING OUR PLATFORM OR ANY RELATED FEATURES OR SERVICES.
Cancellation Policy. Once you submit a payment to use our Platform, payments made toward MTD fees are non-refundable one (1) hour after your submission. Traffic Services to be provided by your Attorney Service Provider pursuant to the Attorney Services Agreement may be requested to be canceled directly with the Attorney Service Provider. Any refunds or declining of refunds for payments processed to the Attorney Service Provider will be in the sole discretion of the Attorney Service Provider pursuant to the Attorney Services Agreement any other terms or agreement the Attorney Service Provider may require you to agree to. Upon request for cancellation of services, MTD will retain its portion of its fee. If you submit a Traffic ticket in error, please notify our customer support by email as early as possible, but in no case later than one (1) hour after your submission thereof. Your failure to notify us within this timeframe will be deemed acceptance of your usage and access to our proprietary Platform and of your intent to submit your Traffic ticket(s) and utilize MTD and the services of Attorney Service Providers.
4. TRAFFIC SERVICES SUBMISSIONS
Submitting your Traffic Violation Tickets. We require you submit your traffic violation ticket through our Platform as soon after receipt thereof as possible, unless alternate instructions are provided to you by our representatives. Failure to submit traffic violations to our Platform in a timely manner, well in advance of your hearing date, will render you, and not MTD or its Attorney Service Providers, solely responsible for your failure to timely submit your traffic violation ticket. Any other information requested from you by your Attorney Service Provider is your responsibility to provide to your Attorney Service Provider.
General. You hereby agree to maintain a current, valid and accepted method of payment on your Account throughout the term of your use of our Platform. All fees payable by you hereunder are exclusive of applicable taxes and duties. By establishing your Account and using our Platform, you authorize MTD to automatically charge your Account for all applicable charges incurred in connection with the Services. At all times, you remain solely responsible for all charges incurred under your Account.
Traffic Services Payment Collection; MTD Fees; and Service Provider Fees. MTD collects payment for the Traffic Services in accordance with your payment method and payment option (pay in full vs installment plan). MTD’s fee for its platform and network usage (including: promotions, administrative, attorney-network access, attorney-matching, assistance relative to initial evaluation by attorneys for acceptance of your case, submission of your initial contact information to your matched attorney, submission of each of your initial ticket information to your matched attorney, submission of additional ticket information to your matched attorney, and processing of your payments) is a flat-based fee for the processing of your first ticket and may be additional for the processing of each additional ticket. Service Providers in the MTD Attorney Network have pre-agreed to charge you a pre-negotiated affordable flat-fee for a traffic hearing appearance (up to half day maximum) for basic traffic violations as determined by the Attorney Service Providers you are matched with. Your total fee paid on the MTD platform is inclusive of your Attorney Service Provider fee and MTD’s fee. For a breakdown of your fees, you may contact MTD or your Attorney Service Provider for an itemization of your total fee paid. By using our Platform, you also agree to the terms of the Attorney Representation Agreement. The initial portion of fees paid by you are first applied toward MTD platform fees until MTD’s fees are paid in full and then the remaining fees paid by you are applied toward the fee of your Attorney Service Provider. If you do not pay fees to your Attorney Service Provider pursuant to the Attorney Representation Agreement, the Attorney Representation Agreement will not become effective and the Attorney Service Provider will be under no obligation to provide any services or representation to you.
Traffic Services. With respect to the Traffic Services, once an attorney is matched to you from the available participating network attorneys on our Platform, the Attorney Service Provider will review your tickets and information to determine if they accept your case within one (1) business day, you agree to accept representation by the Attorney Service Provider, and you process payment toward your Attorney Representation Agreement after paying MTD service fees in full, then the Attorney Representation Agreement will be in effect with your Attorney Service Provider to effectuate the attorney-client engagement and relationship. This is conditional upon how your payments are processed. For example, if you are on an installment plan to pay your MTD and Attorney Service Provider fees and your first installment has only covered your MTD fee but not the Attorney Service Provider fee, then your attorney-client engagement and relationship has not yet initiated until your installment payments are enough to first cover the MTD fee and then begin covering the Attorney Service Provider fee. For convenience and to save on processing costs, MTD fees and Attorney Service Provider fees are not processed separately and are processed together so processing costs do not have to be passed on to you and MTD assures best efforts to try and save you as much overall cost as possible. The fees you pay through our Platform in connection with the Traffic Services will be processed to your Attorney Service Provider. You understand, acknowledge and agree that once you retain the services of an Attorney Service Provider through our Platform, MTD will process your payment, through the payment method on the Account, for the applicable Attorney Service Provider fee. Although a transaction for the Attorney Service Provider is processed on your behalf through our Platform, MTD is simply an intermediary party in such transaction. MTD has no liability, either primarily or secondarily, for submissions to the Attorney Service Provider or any third party, other than through our Platform on your behalf.
Payment Failure. In the event that MTD is unable to process a payment fee or payment is canceled, MTD shall charge you a Five Dollar ($5.00) service fee per each failed payment attempt. You will also be solely liable for any related “insufficient fund” charges or other penalties which may be imposed by your bank. If we are unable to process payment, any and all Services or usage of our platform and network will immediately cease by MTD unless we notify you otherwise.
6. PROHIBITED USES
You may use our Platform and Services only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations.
You hereby further undertake not to:
- Disable, damage, impede, impair, violate or interfere with the functioning of our Platform, its security, its related servers or networks, or any other party’s use of our Platform, whether by the use of malware or otherwise, or otherwise create a denial of service, or falsify the origin of a user’s communications;
- Alter, damage or delete any material appearing on our Platform or Services;
- Reverse engineer, disassemble, decode or otherwise attempt to derive or gain access to the source code of any software embodied within our Platform or any part thereof;
- Rent, lend, sell, sublicense, assign, publish, transfer or otherwise make available our Platform or any features thereof, to any third party, for any reason;
- Remove, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Platform;
- Threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of other users; and/or
- Otherwise engage or cause any third party to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, infringes any third party rights, or which, as reasonably determined by us, may expose MTD or the users of our Platform to any liability.
7. TERM AND TERMINATION
Account Closure. MTD reserves the right at any time, in its sole discretion and without notice to you (subject to the “Pending Tickets” Section below), to terminate your license to use our Platform and Network (and all other rights granted to you herein), and to block or prevent your access to and use of our Platform. You may terminate your license to use our Platform at any time and for your convenience, by notifying us in writing of your decision (or by otherwise following our Account closure procedures which are available on the App) but will not be entitled to any refund MTD fees; provided, however, that such termination is not permitted and shall not apply to any ticket(s) that you previously submitted through our Platform with respect to which the Services are still provided (collectively “Ongoing Services”).
Pending Tickets. Please note that notwithstanding the parties’ respective termination rights, you will still be bound by these Terms (including any and all payment obligations) in connection with Ongoing Services. MTD and our Attorney Service Providers shall continue to support such Ongoing Services unless MTD or our Attorney Service Providers have notified you otherwise of its choice, at its sole discretion, to cease such provision of Ongoing Services. Notwithstanding the foregoing, MTD may cease its involvement in connection with any Ongoing Services, at any time without notice, effective immediately if: (i) you violate any of these Terms; (ii) you fail to maintain a valid payment method in your Account; and/or you are otherwise in default of any payment obligation with respect the Services.
Usage of MTD Network and Platform. Attorney Service Providers and Users of the MTD network and platform hereby agree that once the MTD network and platform is used between a particular Attorney Service Provider and a particular User, both parties must continue to indefinitely use the MTD platform for any other services provided or obtained between the particular Attorney Service Provider and that particular User. MTD reserves the right to charge Attorney Service Provider and User its platform fees for any services in the future between the parties which require communication and/or information and/or document submission, which can be performed through MTD’s platform. Attorney Service Provider and User may opt out of using the MTD platform, but if so, both parties are still liable jointly for MTD platform fees, which may vary time-to-time. Any violation of this provision will be subject to an additional penalty of three times (3x) the amount of MTD’s platform fee, in addition to any other damages or remedies available by law.
Effect of Termination. Upon termination: (i) all rights granted to you under these Terms will be terminated; (ii) you must cease all use of our Platform and may not submit new tickets; (iii) you will remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services (including in connection with Ongoing Services in accordance with the “Pending Tickets” Section above). For the avoidance of doubt, termination of your use of our Platform and/or our Services will not limit in any way and of MTD’s rights or remedies at law or in equity, all of which are expressly reserved hereby.
8. THIRD PARTY MATERIALS.
Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that MTD is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MTD does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
NEITHER MTD NOR ANY OF ITS ATTORNEY SERVICE PROVIDERS MAKES ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MTD NOR ITS SERVICE PROVIDERS REPRESENTS OR WARRANTS RESULTS OF THE USE OF OUR PLATFORM, THAT OUR PLATFORM, ITS CONTENT OR ANY OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR WEBSITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. MTD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY OR LEGALITY OF ADVICE OF ATTORNEYS, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR REPRESENTATION. MTD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
10. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL MTD OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR OUR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR PLATFORM OR SERVICES; (2) ANY CONTENT SUBMITTED TO OR ACCESSED THROUGH OUR PLATFORM; (3) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM; OR (4) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS, OUR SERVICE PROVIDERS AND THE ATTORNEYS. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MTD, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR OUR PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE TRAFFIC SERVICES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM (EXCLUDING, FOR THE AVOIDANCE OF ANY DOUBT, ANY AMOUNT PAID TO THE ATTORNEYS THROUGH OUR PLATFORM FOR WHICH WE ACTED SOLELY AS AN INTERMEDIARY PARTY). YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. FORCE MAJEURE
In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.
You agree to defend, indemnify and hold harmless MTD, our affiliates, independent contractors, Attorney Service Providers and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform and/or the Services; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.
13. PROMOTIONS; REFERRAL PROGRAMS
MTD, at its sole discretion, may make available promotions with different features to any users or prospective users. MTD reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that MTD determines that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms. From time to time, MTD may offer you incentives to refer new users to our Platform (the “Referral Program”). Your participation in the Referral Program is subject to these Terms and any additional Referral Program terms and conditions that MTD shall adopt and implement from time to time.
14. INTELLECTUAL PROPERTY
Our Platform, and the information and material therein, including our Platform’s features, functionality and content are the exclusive property of MTD, its licensor and/or providers of Third Party Materials and are protected by copyright or other intellectual property laws. Using our Platform and/or the Services does not give you ownership of any intellectual property rights in our Platform or the content you access. In the event you elect to communicate to us suggestions for improvements in connection with our Platform or the Services, MTD shall own all right, title, and interest in and to the same, and shall be entitled to use them without restriction.
15. COPYRIGHT POLICY
We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If you believe that any information or material violates these Terms, infringes upon your copyrights or otherwise should be removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”), please immediately notify us by email (Subject line: “DMCA Takedown Request”) or by mail at the address specified below and include the following information (see 17 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.
If you believe that any content provided by you was improperly removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or its agent, or by law, to post and use such content, you may send us a counter-notice containing the following information: (i) Your name, address, telephone number, and e-mail address and your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) a statement that you consent to the jurisdiction of the federal court in the District of New Jersey, and that you will accept service of process from the person who provided notification of the alleged infringement. We have the right but not the obligation to send a copy of such counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of such counter-notice, at our sole discretion.
MTD may, from time to time, in its sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.
17. USER PROVIDED CONTENT
In the event our Platform or Services allow you to contribute content, including by uploading data and information, posting messages, sending or sharing files and communicating with others, you agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through our Platform or Services any data, text, images, files, links, software, or communications that (i) we consider, in our sole and absolute discretion, to violate any applicable laws, including without limitation the laws of the United States; (ii) restricts or inhibits any other user from using and enjoying our Platform or Services; (iii) is threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent; (iv) contains viruses, cyber worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, our website, our network, our applications, our platform, or any communications network; (v) violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under any securities or other applicable law; (vi) sells or promotes any product or service; (vii) promotes, solicits, or partakes in any multi-level marketing or pyramid scheme; (viii) posts or transmits any unsolicited advertising, or promotional materials (spam); or (ix) provide a false identity or claim a relationship between you and any business, organization, or person for which you are not authorized or legally permitted to claim such a relationship.
19. ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
20. GOVERNING LAW; VENUE; LIMITATION OF TIME TO FILE CLAIMS
The validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform shall be governed by the internal laws of the State of New Jersey, without reference to choice of law doctrine. Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform, shall be brought exclusively in the Federal and State courts located in Middlesex County, New Jersey (or in the District of New Jersey), and the Parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO VOLUNTARILY WAIVES (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR PLATFORM), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and MTD with respect to our Platform and the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. Your access of our Platform or use of the Services shall not be construed as creating a partnership, employment, agency, or joint venture relationship between MTD and you. No failure to nor delay in exercising any right or any power hereunder by either party shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase agreement or other terms, these Terms shall govern. If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
22. NOTICES; CONTACT US
Any notices or other communications permitted or required hereunder will be in writing and delivered by MTD to you (i) by email (to the address that you maintain with your Account); or (ii) by posting on our Platform. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms or otherwise need to contact us for any reason, please email us at [email protected]
23. 100% MONEY-BACK GUARANTEE, WIN IT OR IT'S FREE POLICY, PEACE OF MIND ASSURANCE TERMS
MTD provides a 100% Money-Back Guarantee, which guarantees that MTD will match you with attorneys in our network who have agreed to a base flat-rate to appear and handle your basic traffic hearing (pre-trial conference) up to half day to dispute, resolve, and/or negotiate your traffic violation. Please note some attorneys resolve tickets either in-person, virtually, on directly via out-of-court communication or work. If MTD is unable to match you with an attorney, is unable to match you with an attorney who won’t accept your case, or matches you with an attorney to fails to perform its agreed upon duties of charging you a base flat-rate to handle your basic traffic hearing up to half day (if necessary), appear at your traffic hearing to dispute or negotiate your traffic violations (if necessary), resolve your ticket(s) either out of court in court, then MTD will provide you with a 100% Money-Back Guarantee of the fees you have paid MTD solely for its matching service and portal usage fee. MTD is not responsible for and/or cannot refund you any fees you have paid to your Attorney Service Provider. Those fees must be directly disputed with the Attorney Service Provider. If your attorney cannot dismiss or amend your ticket, reduce points on any point system, obtain you a plea bargain, or put you in a better situation than you are when you first receive your ticket(s) (which is the situation to pay the ticket(s) in full and plead guilty), then you are eligible for a full refund of your MTD platform fees, minus your Attorney Service Provider fee. All MTD Guarantees are applicable only toward pre-trial conference hearings and do not apply to trials, criminal tickets, any commercial drivers, or drivers with a Commercial Driver's License (CDL).
24. ATTORNEY SERVICE PROVIDER NETWORK CRITERIA
ATTORNEY REPRESENTATION AGREEMENT
Limited Scope Representation Agreement
This Agreement is made between you, the “Client” and the Attorney Service Provider matched to you which you and the Attorney Service Provider have accepted to enter into an Attorney-Client Relationship (“Lawyer”). The Client wishes to hire Lawyer to assist in connection with attending a basic traffic hearing to fight or negotiate traffic violations on behalf of the Client with an appearance up to half day in Court.
The attorney-client relationship functions best when both parties are fully aware of the scope of the representation and their respective obligations. The purpose of this agreement is to set forth, in writing, the arrangements concerning services and fees in order to avoid any misunderstanding.
Client and Lawyer agree that Lawyer is not engaged to represent the client generally in the matter, or in any other matter, but rather, that Lawyer will limit the scope of representation to only provide the certain specific legal services specified in this agreement in connection with the matter for a short time or for a particular purpose.
The Lawyer agrees to act in Client’s best interest and give Client competent help. Lawyer agrees to act with reasonable diligence, promptness, to keep Client informed of the result of its matter, and to keep communication confidential regarding Client’s matter. Client acknowledges that it waived its attorney-client privileged communications with MyTicketDefense, a third-party attorney network, web platform, software, and mobile application, on which Lawyer is a participating network attorney.
Because Client and Lawyer have agreed that Lawyer will provide limited help, Lawyer does not have to give more help than agreed in this contract, and Lawyer does not have to help Client with any other part of the matter, unless specifically agreed.
While performing the limited legal services, Lawyer does not promise any particular outcome, relies entirely on Client’s disclosure of facts and will not make any independent investigation unless expressly agreed to in writing. Lawyer may advise you that limited representation is not practical or reasonable or recommended and may advise you that you need more services or another lawyer.
Lawyer and Client agree that the Lawyer’s services are identified in this agreement and are limited to the specific services identified and do not include any other services. Services included:
- Attending a basic traffic hearing to fight or negotiate traffic violations on behalf of the Client with an appearance up to half day in Court
- Legal advice and consulting regarding your traffic tickets.
- Routine communication regarding your traffic appearance either via telephone call, facsimile, email, mail, through web-based means, electronic means, or in-person.
- Advise about alternate means of resolving your matter.
- Analysis of your case and formulating a strategy to fight or negotiate your traffic violation(s).
- Suggestions on additional services necessary or recommended for your matter.
Any additional services will be agreed to between Lawyer and Client. Lawyer reserves the right to charge additional fees for trials, additional document preparation, or any other services.
Client authorized Lawyer to sign papers on Client’s behalf which are in Client’s best interests. Further, Lawyer will not provide any services that are not identified above and will not make decisions for Client about any aspect of the matter that is not in the best interests of Client.
Client agrees that Lawyer’s rate (which is a flat-fee) has been agreed upon between an attorney-network platform and Lawyer. Client has used the attorney-network to obtain the services of Lawyer and Lawyer’s fee will be transmitted to Lawyer from the attorney-network.
Method of Payment: Lawyer and Client agree that payment under this Agreement may be processed through a third-party entity on behalf of Lawyer.
CLIENT'S CONSENT: Client agrees to have read this Agreement and Consent and understands it. Client agrees that the legal services listed above are the only legal services to be provided by the Lawyer. Client understands and agrees that the Lawyer who is helping with these services is not its Lawyer for any other purpose and does not have to give Client any more legal help. Client understands the lawyer will stop helping it when the services listed above have been completed. Client agrees it has a duty to be truthful, provide full disclosure, and to cooperate with Lawyer. Client has a duty to keep Lawyer reasonably informed of any changes or developments related to its matter and changes in contact information. Client agrees to produce requested information or documents requested by Lawyer and to appear in Court at the scheduled date and time of the traffic violation hearing unless the hearing has been continued or adjourned to an alternate date and time or an appearance is not required.
Lawyer and Client hereby agree to have been presented with and have fully read the terms set forth in this Attorney Representation Agreement and agree that this Agreement correctly sets forth the agreed-upon understanding regarding the fee arrangement and limited representation.
ELECTRONIC ACCEPTANCE OF ATTORNEY REPRESENTATION AGREEMENT
Lawyer agrees to the terms of this Attorney Representation Agreement becoming effective upon the two following mandatory events taking place: (i) “accepting case” for Client’s traffic matter; AND (ii) “accepting full payment” for services identified in this Agreement.
Client agrees to the terms of this Attorney Representation Agreement becoming effective upon the two following mandatory events taking place: (i) “accepting Lawyer” as Client’s legal representative; AND (ii) “submitting full payment” for services identified in this Agreement.
A hard copy or email copy of this agreement can be obtained upon request. You may opt-out of electronic acceptance of this agreement upon request in order to sign a hard copy of this agreement instead. This agreement can be viewed using an internet browser or via PDF format using Adobe PDF Reader if requested. A hard copy or email copy of this agreement can be requested by email or telephone request to the Attorney Service Provider’s contact information.