This is a contract between Debt Cleanse Group Legal Services LLC, Debt Cleanse Group Plan LLC (collectively “DebtCleanse,” “Company,” “We” or “Us”), 819 S. Wabash Avenue, Suite 606, Chicago IL, 60605, and you, LEGAL PLAN PRIMARY MEMBER (the “Primary Member” or “Member”), for the Legal Plan (the “Legal Plan”) services described below. This contract (the “Agreement”) is a legal agreement between you, and DebtCleanse that sets forth the terms of your use of the Legal Plan. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan subscription (the “Effective Date”). If you purchase a Legal Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully.
THE LEGAL PLAN IS NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
1. Plan Membership.
a. Personal Plan. DebtCleanse reserves the right to accept or refuse membership at its discretion. You may not transfer or assign your Legal Plan or these benefits, but you have the option to extend coverage to your Eligible Family Members as defined below (together with the Primary Member, each a “Plan Member” and collectively the “Plan Group”). The “Effective Date” for each Plan Member other than the Primary Member will be the date on which you choose to extend coverage to that Plan Member. For the purposes of this Agreement, the term “Eligible Family Member” shall include:
(i) Your spouse or domestic partner, and
(ii) Any unmarried dependent children (1) of yours, of (2) your spouse or (3) of your domestic partner, who are under 21 years old and who are permanent residents of your household (collectively, “Dependents”).
(iii) Each Eligible Family Member to whom you extend coverage under this contract is bound by the terms of this contract.
2. Benefits of Legal Plan. The Legal Plan provides the following benefits (the “Plan Benefits”):
a. Complimentary Phone Consultation. One 30-minute telephone consultation per month with an attorney who is part of the Legal Plan (the “Plan Attorney”) to discuss debt-related legal matters. Please note that in order to provide quality service to all subscribers, each phone consultation must focus strictly on legal advice for debt-related matters and therefore:
(i) while your consultation may include discussion of the tax implications of the effect of a 1099-C cancellation of debt, the consultation must not include discussion of any tax-related debt or any other tax-related legal matter; and
(ii) while your consultation may include discussion of a debt caused by a legal matter (such as a debt related to a divorce, child custody issue, employment dispute, personal injury, or criminal matter) the consult must focus on the debt rather than the legal matter that caused the debt.
b. Complimentary Attorney Document Review. One document review per month by a Plan Attorney who will review a legal document of up to ten (10) pages. Please note that in order to provide quality service to all subscribers, document reviews must focus strictly on debt-related documents. The Plan Attorney will discuss the reviewed document as part of the phone consultation described above in 2a.
c. Discounted Rates for All Legal Matters. 25% off the hourly rate or flat fee from any Plan Attorney for any legal matter in addition to the complimentary services described in Sections 2(a) and 2(b).
d. Verification of representation. If you engage an attorney in the Plan and upload your debt information to our platform, our system can respond to creditors to verify that you are represented by an attorney. Member acknowledges and agrees that DebtCleanse may provide such verification of representation on Member’s behalf via a dedicated URL and/or telephone number provided to Plan Members, their creditors and debt collectors.
To schedule a consultation or document review with a Plan Attorney, please visit www.DebtCleanse.com.
3. Right to Hire Your Own Attorney at Any Time.
At all times, you have the right to hire and consult another attorney at your own expense, regardless of whether that attorney is a Plan Attorney.
4. DebtCleanse Is Not a Law Firm and Does Not Render Legal Advice.
Please note that DebtCleanse is not a law firm and does not provide legal services. No attorney-client relationship is formed. Your use of DebtCleanse’s services is at your own risk. DebtCleanse, its affiliates, and its employees are not a law firm, do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of an attorney. Nothing herein shall be deemed to create any attorney-client relationship or constitute providing any legal representation, advice or opinion whatsoever on behalf of DebtCleanse, its affiliates, or its employees. Attorneys made available through DebtCleanse are third-party independent contractors who agree to provide legal services directly to you, not through DebtCleanse, via a separate retention agreement between you and the attorney. The attorneys have agreed to provide thirty-minute consultations as well as document reviews related to consumer debt matters. You remain free to select your attorney.
5. Exclusions; Conflicts.
a. The following items and matters are specifically excluded from the Legal Plan and are not to be considered or treated as Plan Benefits. You cannot obtain legal help through the Legal Plan for any of the following:
(i) Any lawsuit or legal matter involving DebtCleanse, or any of its affiliates, directors, agents, or employees;
(ii) Any lawsuit or legal action by a Plan Member that involves a spouse, domestic partner, or Dependent against the Primary Plan Member, in which case the conflict is resolved in favor of the Primary Plan Member and the Plan Attorney will not represent the spouse, domestic partner, or Dependent;
(iii) Any matter involving the laws of jurisdictions outside of the United States or its subdivisions;
(iv) Any appeal to an appellate court (i.e., not a trial court); provided, however, that the Plan Attorney may, in his or her sole discretion and at his or her sole risk, disregard this exclusion;
(v) Any matter that, in the Plan Attorney’s opinion, is frivolous in nature or objective; or
(vi) Any case matter or requested service that is determined by the Plan Attorney to lack sufficient merit to warrant pursuit, or that the Plan Attorney decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
(vii) Any matter resulting in violation(s) of the law, constituting illegal activity, furthering illegal activity, and /or tantamount to harassment.
6. Not Insurance.
The Legal Plans offered through DebtCleanse are not contracts of insurance or indemnification insurance plans. DebtCleanse is not an insurance company and does not guarantee legal representation in every situation. The Legal Plan provides DebtCleanse Members with access to free and discounted legal services from Plan Attorneys. DebtCleanse does not reimburse or indemnify any Plan Member or pay any attorneys or law firms for attorney fees or expenses.
7. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of the Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of the Legal Plan including any breach of security.
8. Any Changes to This Agreement Must Be in Writing.
You acknowledge that no change in this contract is valid until the change has been approved by an executive officer of DebtCleanse and unless the approval is endorsed or attached to the contract.
9. Authority to Enter Agreement.
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 this Agreement, you may not sign up for or use any Legal Plan. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are 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 originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
10. Payment
a. Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with “Fee Adjustments” below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of the renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
For more information regarding canceling your Legal Plan subscription, see the “Termination or Cancellation” section below.
b. Billing.
To allow payment for the initial term of the Legal Plan, a valid credit card, bank draft or other billing information is due at the time of purchase.
Your Legal Plan subscription will renew automatically at the end of the initial term (the “Billing Date”) and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card or other form of electronic payment, will be charged for the renewal term of your Legal Plan subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. DebtCleanse may adjust your Billing Date in subsequent renewal periods to accommodate weekends and holidays without notice. Unless otherwise notified in advance by DebtCleanse pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
c. Amount of Membership Fees.
You agree to pay DebtCleanse the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions, where not limited by law. There is a Subscription Fee. A schedule of Subscription Fees for the Legal Plan is set forth below:
DebtCleanse Bronze Access Monthly Subscription: $59.95
DebtCleanse Silver Access Monthly Subscription: $79.95
DebtCleanse Gold Access Monthly Subscription: $99.95
d. Promotional Trial Memberships.
We sometimes offer certain Members various trial or other promotional memberships (“Trial Membership”), which are subject to this Agreement except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING (800) 500-0908, YOUR LEGAL PLAN SUBSCRIPTION WILL RENEW AUTOMATICALLY, AND YOUR CREDIT CARD OR BANK DRAFT WILL BE CHARGED THE RATE INDICATED IN SECTION 10.C
e. Attorney Fees.
Fees for attorney services provided pursuant to a Legal Plan subscription shall be paid directly to the Plan Attorneys. Plan Attorneys are not employees or agents of DebtCleanse and have no financial obligation to DebtCleanse.
11. Termination or Cancellation.
a. By DebtCleanse
(i) If payment is not made on the Billing Date, as described in Section 10 above, you will have until thirty-one (31) days after your Billing Date to correct the credit card or bank draft information on file and post a payment to your account. If after the expiration of this 31-day grace period you have not made any payment on your Legal Plan subscription, your non-payment will result in suspension of service and subsequent termination of your Legal Plan subscription.
(ii) Your right to use a Legal Plan subscription is subject to any limits established by DebtCleanse. If payment cannot be charged to your credit card or your payment is rejected for any reason, including through a chargeback, DebtCleanse reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of DebtCleanse hereunder. If a charge made to your credit card is declined, DebtCleanse may make up to five (5) attempts to bill that card over a thirty-one (31) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees for accounts reactivated; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
b. By Subscriber.
(i) After you have purchased this Legal Plan, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Legal Plan you may contact us and have any prepaid amounts refunded. The Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been issued.
(i) You will have the right to cancel your Legal Plan subscription by providing at least five (5) days’ notice before the start of the next renewal period for such subscription. After such cancellation, your Legal Plan will remain active until the end of then-applicable monthly billing period.
c. Services after Termination.
After termination of your Legal Plan subscription, either by you or by DebtCleanse, you will not be able to access the. corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan subscription) will remain in full force and effect unless and until separately terminated or cancelled.
Dispute Resolution. You have the right to file a complaint with your state’s bar association concerning the conduct of a Plan Attorney under the Legal Plan. In the event that you have a service issue with one of our Participating Attorneys, or any aspect of your DebtCleanse Membership, please contact us at 1-800-500-0908 or email us at: members@DebtCleanse.com. For your records, our physical address is: 819 S. Wabash Avenue, Suite 606, Chicago, IL 60605.
12. Professional, Independent Attorney Judgment.
Plan Attorneys performing legal services for Legal Plan Members under the terms of this Agreement are not agents or employees of DebtCleanse. Any Plan Attorney rendering legal services to Plan Members under the Legal Plan shall maintain the attorney-client relationship with the Plan Member and is solely responsible to the Plan Member for all legal services provided. It is within the sole discretion of the Plan Attorney to determine whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim or defense. Plan Attorneys reserve the right to make independent professional judgments regarding such presentations. DebtCleanse will in no way influence or attempt to affect the rendering of professional services of the Plan Attorneys.
13. 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 DebtCleanse (including information provided by a Firm or an attorney 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.
14. ADDITIONAL STATE SPECIFIC NOTICES
Missouri: The DebtCleanse Legal Plan is not an insurance product and is not regulated by the Missouri Department of Insurance, Financial Institutions and Professional
New Jersey: The DebtCleanse Legal Plan is registered as a Legal Services Plan with the New Jersey Supreme Court, registration number NJ-2018-07-300.
North Carolina: This form is not valid in the State of North Carolina.
[1] The State Specific Notices shall not be deemed as an admission regarding whether DebtCleanse is regulated as an insurance company, legal services plan, or otherwise.
