The Law Firm of Higbee & Associates ("Law Firm") and You ("You” or “Client") hereby agree that Law Firm will provide “Services” to Client on the terms set forth below.   

1. CONDITIONS.  
When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now”, “Sign Up” or similar, registering, accessing or using our services (described below), or making payment, you are agreeing to enter into a legally binding contract with the Law Firm (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.

​

2. DESCRIPTION OF SERVICES.  
2.1 Personal Privacy Service Info

If purchased, the Personal Privacy Service will regularly use your Information to scan online data source websites (the "Data Sites") for personal information about you. Sometimes these websites are called people search sites. If online personal information about you is identified at these Data Sites, we will submit opt-out requests on your behalf to remove it ("Opt-out"). You can go to the Law Firm Privacy site at any time to see if online personal information about you was found at these websites and whether the opt-out was successful.

We may change the Data Sites that are being scanned at any time without notice to you.

​

2.2 Limited Authority to Act on Your Behalf

In order to submit an Opt-out request to remove your information from Data Sites, we may need to interact with Data Sites on your behalf. You expressly authorize Law Firm, its agents, servicers, and its employees, to act as your personal representative in order to submit Opt-out requests to Data Sites and:

obtain information on your behalf;

1. submit your personal information to the Data Sites;

2. communicate with the Data Sites or other third parties on your behalf;

3. agree to applicable terms and conditions imposed by these Data Sites;

4. complete and sign or execute documents on your behalf; and

5. take other actions that we believe are reasonably necessary to complete an Opt-out request from a Data Site or to implement the Service.

​

2.3 No Guarantee

Law Firm does not guarantee that the Service will find a user’s online personal information at any of the Data Sites, or that it will scan all Data Sites if a user’s online personal information is not present. We do not guarantee that the Service will be effective, that an Opt-out request will be honored or responded to, or that all Opt-out requests for a user’s online personal information will be equivalent. We do not guarantee that an Opt-out request will prevent all or any future uses or disclosures of a user’s online personal information by a Data Site, that we will identify all instances of a user’s online personal information that are eligible for Opt-out, or that the Data Sites will not retain copies of a user’s online personal information.

Some of the Data Sites may have multiple databases and may acquire and aggregate personal information about individuals on an ongoing basis. The Opt-out request we submit on your behalf may not be effective for all sources of online personal information maintained by the Data Site, or for online personal information acquired by the Data Site after we submit the Opt-out request. In addition, Law Firm may not locate all entries or the correct entries of your online personal information that are eligible for Opt-out. Not all of these Data Sites offer the same type of Opt-out options. Further, in some instances, even if we are able to effectively submit an Opt-out request on your behalf to a Data Site, that Data Site may still maintain your online personal information in its records. In other instances, a Data Site may fail to honor or properly respond to an Opt-out request.

You understand and agree that Law Firm is not responsible for the actions or inactions of any of these Data Sites, and that Law Firm makes no representations, warranties or guarantees related to such Data Sites. You expressly agree that Law Firm will not be liable to you under any circumstances for any actions or inactions of these Data Sites, or for our failure for any reason to exercise effective Opt-outs on your behalf. You understand and agree that Law Firm is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act.

 

3. LEGAL FEES FOR SERVICES.   
3.1 Payment

If you buy or pay for our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your Services.

3.2 Automatic Renewal   
This service will continue until either party cancels. Client authorizes Law Firm to renew this agreement upon the expiration of a term, unless Client cancels this service prior to scheduled payment. We may store and continue billing your payment method (e.g. credit card) even after it has expired to avoid interruptions in your Services and to use to pay other Services you may buy.  If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.  You must update all changes to credit/debit card information by contacting a Customer Support Specialist at 714-617-8392. If you do not update your checking/savings account or credit/debit card information and Law Firm is unable to charge your credit card or withdraw funds from your debit card, checking account, or savings account for the amount due according to your agreed upon payment plan schedule, you may be subject to applicable late fees and any fees or charges assessed by your financial institution. 
 

4. YOUR ACCOUNT

Clients are account holders. You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or report misuse. 

This paragraph is applicable if these Services are being provided as a benefit from your employer, school or university: As between you and others (including your employer, school, or university), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. your employer, school or university), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account. 
 

5. DISCHARGE & WITHDRAWAL.  
Client may discharge Law Firm at any time, upon written notice to Law Firm. Law Firm may withdraw from representation of Client (a) with Client's consent or for good cause and reasonable notice to Client. Good cause includes Client's breach of this Agreement or failure to render Payment as agreed. 

6. REFUNDS.  
Client may cancel this service at any time. Law Firm starts work as soon as payment is made regardless of the time of day. Refund requests received after two hours from the time of purchase will only be eligible for a pro-rated refund of fees charged for services described in Paragraph 2.  

7. LIMITATIONS OF SERVICES.   
Law Firm is offering services on the good faith basis that its ability to provide successful results in the past.  Law Firm will take reasonable steps to provide Services to You. However, like most legal matters, outcomes cannot be guaranteed. This service is subject to limitations described in Paragraph 2.3, titled No Guarantee. 

8. GUARANTEES & LIMITATIONS.  
Nothing in this Agreement and nothing in Law Firm's statements to Client will be construed as a promise, representation, or guarantee about the outcome of this matter. Law Firm’s comments about the outcome of the matter are expressions of opinion only. Client acknowledges that Law Firm has made no promise or guarantees about the outcome that are not included in this Agreement. 

9. COMMUNICATION WITH LAW FIRM.   
Client will be able to monitor Law Firm’s progress online through access to the secure Client Portal. Law Firm will provide Client with secure access to the Client Portal after payment is made. Client should call Law Firm if Client has not received an email that includes instructions on how to access the Client Portal within 2 hours of making payment. Law Firm will respond to requests for support or additional needs within 2 business days. If you do not receive a response within 2 business days, assume we did not receive it and, please, try again. You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address).  You authorize us to communicate with you via text message and you may incur text messaging charges. You agree to keep your contact information up to date. If you want to send us notices or service of process, please contact us at: 3110 W. Cheyenne, N. Las Vegas NV 89032.  

10. INTELLECTUAL PROPERTY RIGHTS.   
Law Firm reserves all its intellectual property rights including the software, technology, images, logos, and trademarks.  Law Firm does not give Client any ownership of the content or information made available during the fulfillment Services or the course of the relationship.     

11. ENTIRE AGREEMENT.  
This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. 

12. MODIFICATION.  
This Agreement may be modified by subsequent agreement of the parties only by a signed writing by both parties or by an oral agreement only to the extent that the parties carry it out. 

13. CHANGE 
We may modify this Contract, our Privacy Policy, and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes 30 days before they become effective. If you object to any changes, you may close your account by contacting support at 800-716-1817 or through your online portal. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. 

14. CONFIDENTIALITY.  
Client authorizes Law Firm to record all phone conversations for the purpose of quality control. Recorded calls will be used in accordance with the Law Firm's duty of confidentiality owed to Client. 

15. MISCELLANEOUS 
From time to time, Law Firm offers some clients compensation to provide unbiased reviews on third-party sites about their experiences with services that they purchased from us. Compensation is not dependent on content of the reviews. Law Firm may ask you to provide a review in exchange for compensation. You are under no obligation to accept the offer or to provide a review. 

These terms do not in any way terminate, amend, or modify other terms, agreements, or policies that apply to your The Law Firm of Higbee & Associates account or any The Law Firm of Higbee & Associates services you receive or other agreements you may have with The Law Firm of Higbee & Associates. 

Services Limitations.  This service is only available to residents of the United States and is performed entirely in the United States and its territories and military bases.  

17. DISPUTE RESOLUTION BY BINDING ARBITRATION – CLASS ACTION WAIVER  

THIS SECTION INVOVLES IMPORTANT RIGHTS - PLEASE CONSIDER THEM CAREFULLY AND SEEK INDEPENDENT COUNSEL IF YOU ARE UNCERTAIN OF THE MEANING OR RESULTS  

Agreement to Arbitrate. In the event of any controversy, claim or dispute between you and us arising out of or in any way relating to our relationship, including but not limited to the Agreement, the services provided or the breach, termination, enforcement, interpretation or validity of the Agreement, including any determination of the scope, enforcement or applicability of this Agreement, we all agree to arbitrate such dispute in the county in which you reside or at such other location upon which we may agree. By agreeing to arbitration, we both acknowledge and agree that we are each waiving the right to (i) use any other available dispute resolution processes, such as a court action or administrative proceeding, (ii) participate in a class action, and (iii) a trial by jury. This Agreement evidences a transaction in interstate commerce; thus, the Federal Arbitration Act governs the interpretation and enforcement of our mutual agreement to arbitrate. This agreement to arbitrate shall survive termination of the Agreement.  

Governance; Opt-Out. As indicated above, this Dispute Resolution by Binding Arbitration agreement shall be governed by the provisions of the Federal Arbitration Act (“FAA”). You will have thirty (30) days from the date you sign this agreement to send us written notification that you opt out of the terms of this Dispute Resolution by Binding Arbitration agreement, by notifying Firm in writing either:  

- By Email: please put “Arbitration Opt-Out” in the subject line; or  
- By US Mail: Higbee & Associates, ATTN: Arbitration Opt-Out, 3110 W. Cheyenne #200, N. Las Vegas, NV 89032  

You understand that if you opt out of this Dispute Resolution by Binding Arbitration agreement, you will be responsible for your own legal costs and attorney’s fees, subject to applicable law.  

Notice. A Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute in accordance with the provision entitled "Notice" in the “Additional Program Provisions” Section of the Agreement. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. You may download or copy a form Notice and a form to initiate arbitration from the following website: http://www.adr.org/fileacase.  

Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the Party sending the Notice may commence an arbitration proceeding with the American Arbitration Association ("AAA") in effect at the time the action is commenced. The AAA shall appoint a single arbitrator and shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes ("AAA Rules"). The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator has determined the amount, if any, to be awarded. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement and of this arbitration requirement. In the event the AAA will not accept the arbitration, another nationally recognized service shall be used.  

The Arbitration Award. Any award rendered by the arbitrator shall be final and binding but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.  

Waiver of Right to Bring Or Participate In Class Actions. The Parties agree that either Party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the Parties agree that the arbitrator may not consolidate proceedings of more than one person's claims and may not otherwise preside over any form of representative or class proceeding.  

Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's individual claim.  

Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If a Party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other Party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel arbitration or defend or enforce the award. This section is considered by the Parties to be an integral and nonvoidable requirement and part of this Agreement, and the Parties agree that prior to signing this Agreement including agreeing to this section they: (i) have had the opportunity to review such carefully, including with their own legal counsel if needed, (ii) understand the limitations on legal rights contained in this section including the limitation in favor of arbitration and against court litigation and class actions, and (iii) consent and agree that this section is fair, reasonable, represents the intentions of each Party at the time of entry into this Agreement and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.   

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE LAW FIRM FIRST PROVIDED SERVICES TO CLIENT. PAYMENT OR USE OF SERVICES CONSTITUTES ACCEPTANCE.