Justia Connect Pro Payment Terms of Service
Effective: May 16, 2022

Justia provides numerous informational websites and services, as well as legal marketing solutions. We may modify the Terms of Service for any Justia platform without notice at any time by posting such terms on our sites.

By continuing to upgrade your free Justia Connect Practice Membership to a Justia Connect Pro Membership, the “Service,” by utilizing this Stripe payment system and any associated system to remit payment for an upgraded Justia Connect Pro Membership, you become a “Client” of Justia, and agree to these binding and enforceable terms (the “Connect Pro Payment ToS”, also sometimes referred to as “Terms” herein) and all other associated terms and conditions for use of the Justia platform, including all applicable Justia Terms of Service and Justia Connect Pro Credit Terms of Use, which are incorporated herein by reference.

By proceeding with this transaction, you agree that you accept these Justia Connect Pro Payment ToS, the Justia Credit Terms, and Justia Terms of Service, which govern your use of any Justia platform, and you accept all of the following:

1. Justia Connect Pro Membership Service

  1. Justia Connect Pro Membership Service is a paid upgrade to the Justia Connect membership available for lawyers licensed and in good standing in any United States jurisdiction. A Justia Connect member becomes a Justia Connect Pro member upon completion of the upgrade of their free Justia Connect Practice Membership to a paid Justia Connect Pro Membership.

  2. Upgrades to a Justia Connect Pro Membership Service are only complete when the attorney completes all necessary steps to change his or her membership status and all related payments are received by Justia, Inc.

  3. By upgrading to a Justia Connect Pro Membership Service, you indicate that you understand an internet-enabled device and working internet connection are required to access the Justia Connect dashboard and Justia Connect Pro Membership benefits.

2. Justia Connect Pro Membership Service Billing and Payments

  1. Justia Connect Pro Membership Service fees are $19.99 per month when paid monthly or $199.80 per year when paid annually.

  2. Payments for Justia Connect Pro Memberships are collected via Stripe, a third-party company and payment platform. By proceeding, you authorize Stripe to collect all applicable membership fees.

  3. Justia is not responsible for payment inaccuracies caused by user action or the Stripe system.

  4. Purchased Justia Connect Pro Memberships will continue and automatically renew until canceled by you using our online cancellation system. Recurring payments are authorized to the same method of payment used for the initial upgrade (“Payment Method”) at each Membership Renewal on the payment due date as defined in Section 3(b).

  5. Should the provided Payment Method be declined due to insufficient funds, canceled with the issuing bank, or invalid for any other reason, you must provide an alternative method of payment using the Stripe system.

  6. You are solely responsible for any payment card agreements with your card acquiring bank, including any charges, fees, and expenses arising from that relationship and are solely responsible for complying with that agreement.

  7. All membership fees are nonrefundable and shall not be prorated upon cancellation.

3. Justia Connect Pro Membership Service Term and Membership Renewal

  1. The Membership Term of a Justia Connect Pro Membership commences on the date of payment for Justia Connect Pro Membership and ends on the date immediately preceding renewal.

  2. Membership Renewal refers to the date upon which the next payment for Justia Connect Pro Membership is due. The payment due date and renewal date varies based on the selected membership payment plan and other factors set forth below.

    1. Membership Renewal for members who have selected a monthly payment plan occurs on each payment date. The payment date shall coincide with the same day of the month upon which the member initially upgraded his or her Justia Connect Practice Membership to a Justia Connect Pro Membership. When a member upgrades after the twenty-eighth (28th) day of the month, the payment date shall occur on either the same day of the month as the initial upgrade or the last day of the calendar month if there are fewer days in that month than the day of the month when the intial upgrade occurred.

    2. Membership Renewal for members who have selected an annual payment plan occurs on each payment date. The payment date shall coincide each year with the same month and day as the date upon which the member initially upgraded his or her Justia Connect Practice Membership to a Justia Connect Pro Membership. If a member upgrades after the twenty-nineth (29th) day of February during a leap-year, the payment date shall occur on either the same day of the month as the initial upgrade or on the twenty-eighth (28th) day of February on a non-leap-year..

    3. Should a member cancel his or her Justia Connect Pro Membership and later upgrade to a new Justia Connect Pro Membership, this Membership Renewal and payment date shall reflect the new upgrade date.

4. Justia Connect Pro Membership Service Cancellation

  1. Members may cancel their Justia Connect Pro Membership Service at any time via the online cancellation system provided in the Justia Connect dashboard. The Membership Term shall continue until the next Membership Renewal date.

  2. Justia may cancel a member’s Justia Connect Pro Membership at its discretion for any violations of the Terms of Service for Justia or other company policy.

  3. Justia may cancel a member’s Justia Connect Pro Membership for nonpayment of membership fees. In such an event, the lawyer’s Justia Connect membership will be automatically downgraded to a free Justia Connect Practice Membership.

  4. All membership fees are nonrefundable and shall not be prorated upon cancellation.

5. Choice of Law and Forum

  1. The relationship between Justia and Justia Connect Pro members shall be governed by the laws of the State of California without regard to its conflict of law provisions. All Justia Connect Pro members must agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.

  2. By proceeding, you indicate that you understand this clause and consent to any disputes arising out of these Terms and any related agreements shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You further agree to submit to the personal jurisdiction of the courts located in the county of Santa Clara, California.

6. Waiver

You expressly waive any statutory or other legal protection in conflict with the provisions of Sections 1-5.

7. DISCLAIMER OF WARRANTIES

BY PROCEEDING WITH THIS TRANSACTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JUSTIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

  3. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS YOUR REQUIREMENTS.

  4. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT (i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

  6. JUSTIA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY CLIENT COMMUNICATIONS OR PERSONALIZATION SETTINGS.

8. LIMITATION OF LIABILITY

BY PROCEEDING WITH THIS TRANSACTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JUSTIA AND ITS AFFILIATES OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES. AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JUSTIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.

JUSTIA'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO JUSTIA OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT JUSTIA HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. FORCE MAJEURE

Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of Justia), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Justia is unable to provide service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, Client may cancel the Service(s), but there shall be no liability on the part of Justia.

10. ASSIGNMENT

Except as expressly set forth herein, Client may not assign Client's rights or delegate Client's duties under this Agreement either in whole or in part without the prior written consent of Justia, and any attempted assignment or delegation without such consent will be void. Justia may assign this Agreement in whole or part. Justia also may delegate the performance of the Service to third parties, including subcontractors and Justia affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

11. RELATIONSHIP OF PARTIES

This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Justia and Client. Neither Justia nor Client will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

12. NO THIRD PARTY BENEFICIARIES

Justia and Client agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Client's clients and customers.

13. INTEGRATION AND SEVERABILITY

These Terms constitute the entire agreement between Client and Justia and govern Client's use of the Service, superseding any prior agreements between Client and Justia (including, but not limited to, any prior versions of these Terms) pertaining to this Service. Client also may be subject to additional terms and conditions that may apply when Client uses affiliate or other Justia services, third-party content or third-party software. If any provision of these Terms or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Miscellaneous

The failure of Justia to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Justia in writing.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

15. SURVIVAL

The provisions of Sections 2 and 4 through this Section 15 will survive any termination or expiration of these Terms.