PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING ANY CLASS CASH LLC WEBSITES, PRODUCTS, OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.
Class Cash LLC (“CCL”, “we”, “us” or “our”) welcomes you as a visitor to and user of our websites (“user”, “you” or “your”). CCL operates several websites (the or our “websites”), the following Notices and Full Disclaimer (“Notices”), Terms and Conditions (the “Agreement”), and Privacy Policy (“Policy”) apply to all the websites, emails, or other media operated by CCL that link to this document (the “Websites”). In order to use any of the Websites, you must accept all the terms of the Notices, Agreement and Policy. By using or continuing to use any of the Websites, you agree that you accept the terms of the Notices, Agreement and Policy and agree to abide by same in all your interactions with the Websites. If you do not understand, have questions about, or do not agree to abide by the Notices, Agreement, or Policy, your only recourse will be to immediately stop all use of the Websites and contact support@classcash.com. If you do not contact us, and continue to use the Websites, you understand that we will assume you understand the Notices, Agreement, and Policy, have no questions about same, and have agreed to abide by same.
IMPORTANT NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THE NOTICES, AGREEMENT AND POLICY, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL PRIVATE ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
The Notices, Agreement, or Policy may periodically change without notice, so you should check the Notices, Agreement, and Policy before every attempt to use the Websites. When the Notices, Agreement, or Policy is changed, the date of the latest revision will appear at the top of the Notices, Agreement, or Policy. By continuing to access or use the Websites on or after the date the revised Notices, Agreement, or Policy are made available here, you agree to be bound by the revised Notices, Agreement, and Policy.
No one under 18 is allowed to use or access the Websites. By using the Websites, you state that:
- You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Websites;
- You can form a binding contract with CCL;
- You are not barred from using the Websites under any applicable laws; and
- You have not been permanently suspended or removed from the Websites.
Welcome to Class Cash.
These Terms of Service (“Terms,” “Terms of Service”) govern your and/or your law firm’s (collectively referred to herein as “you,” “your,” or “law firm”) access to and use of Class Cash’s website https://www.classcash.com (the “Website”), mobile application (“App”) and related services (collectively referred to herein as the “Services”) provided by Class Cash LLC (“Class Cash,” “we,” “us,” or “our”). The term “Services” means the Website, App, and related services as well as any and all information provided, services offered, marketing, events, sweepstakes, and any other interaction through the Website and App, as well as any related service, entity or website, including but not limited to advertising investigations, participating in auctions, creating an investigation, and other related services, offers, marketing, or events resulting from your interaction with the Website and App.
THESE TERMS OF SERVICE FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY.
Agreement to the Terms of Service
By downloading, installing, accessing or using the Services (including but not limited to by registering for an account, obtaining qualified leads, bidding on an investigation or submitting an investigation to be featured on the Services) you hereby:
- Acknowledge that you have read, understood and agree to be bound by these Terms;
- Agree to the collection, use and disclosure of your information as described in the Privacy Policy on the www.classcash.com website which is incorporated by reference; and
- Represent that you have the authority to enter into these terms personally or on behalf of any entity you represent.
If you do not agree to any of the above, you must not access the Services and are required stop using the Services immediately and uninstall the App or any other content you have downloaded from the Services.
Eligibility and Use Restrictions
By using the Services, you must represent and warrant that:
- You are at least 18 years of age;
- You have the legal capacity to enter into these Terms;
- You are a licensed attorney admitted to practice law in at least one jurisdiction of the United States;
- You are currently in good standing with all bar associations of which you are a member;
- You are not currently subject to any pending disciplinary proceedings, suspension, or disbarment;
- You maintain professional liability (malpractice) insurance in amounts no less than those required by applicable law or bar rules;
- You will promptly notify Class Cash of any change in your bar status, disciplinary action, or lapse in malpractice insurance coverage; and
- You will comply with all applicable laws, regulations and Rules of Professional Conduct in connection with your use of the Services, including without limitation rules governing advertising, solicitation, and communications with prospective clients. You agree that any material misrepresentation regarding the foregoing shall constitute a material breach of these Terms and grounds for immediate termination of your account.
If you are unable to truthfully make the foregoing representations and warranties, you should stop using the Services immediately.
By using the Services, you agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Class Cash or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or which, as determined in our sole discretion, may harm us or the users of the Services or expose us or other users to liability;
- Using the Services in any manner that could disable, overburden, damage or impair the Website or App or interfere with another party’s use of the Services;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Services for any purpose, including monitoring or copying any of the material on the Website or App;
- Using any manual process or means to monitor or copy any of the material included in the Services for any other unauthorized purpose;
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Services;
- Accessing or using the Services for competitive analysis or to build a competing product or service;
- Using any device, software, means or routine that interferes with the proper working of the Services, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Services, or any server, computer or database connected to the Services;
- Attempting to attack or attacking the Website or App via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Services; and
- Using the Services in any way that violates any applicable federal, state or local laws, rules or regulations.
Doing or attempting to do any of the foregoing will, in addition to any other remedies, be grounds for immediate suspension of your right to use the Services, termination of any agreements between You and us, and forfeiture of any funds paid to us for future services.
What Class Cash Does
At present, the Services may include:
- A platform for potential clients and attorneys to find class action settlements and legal investigations;
- A platform for attorneys to provide information regarding legal investigations; and
- A settlement tracking dashboard of case-related claims.
These services may change in the future. Any material changes will be reflected here.
Not a Law Firm; No Legal, Tax, or Financial Advice or Guarantee of Results
Class Cash is not a law firm or settlement administrator and does not provide legal, financial or tax advice. Information provided through the Services is for general information purposes only and is designed to help you identify qualified leads and to bid or purchase an investigative advertisement. Class Cash has no direct involvement in any of the legal matters referenced as part of the Services, and does not have, nor will it ever, represent anyone in a legal capacity or provide legal advice. Class Cash may provide information to assist you in identifying potential class action matters for your independent evaluation. Ultimately it is your responsibility to understand your legal rights and obligations regarding your use of the Services. Class Cash has no role in deciding who qualifies or what anyone may receive from one of the legal or class action matters.
Accordingly,
- No information or content provided through the Services, including the identification of potential qualified leads, claim descriptions, estimated payout ranges, deadlines or eligibility indicators constitute legal advice or a guarantee of any result;
- No attorney-client relationship is created between you and Class Cash;
- We do not guarantee that any lead as identified through the Services will become your client;
- Any ad acquired through the auction or direct purchase through the Services does not guarantee that the associated leads will become clients of you or your firm;
- We cannot guarantee that any leads will result from an acquired ad;
- We do not guarantee that you will receive any recovery or payment;
- We do not control deadlines, approval decisions or payout timing; and
- We do not guarantee that any amount received will match any estimate or range as shown on the Services.
Fee-Sharing and Referral Fee Compliance
You acknowledge and agree that: (a) all fees paid to Class Cash are for lead generation and platform access services only, and do not constitute referral fees, fee-sharing arrangements, or division of legal fees within the meaning of Rule 5.4 of the Model Rules of Professional Conduct or any analogous state rule; (b) Class Cash does not share in, and has no right or interest in, any legal fees, settlements, judgments, or other proceeds that you may receive in connection with any matter arising from the Services; (c) it is solely your responsibility to ensure that your use of the Services and payment of any fees to Class Cash complies with all applicable Rules of Professional Conduct, including without limitation rules governing fee-sharing with non-lawyers (Model Rule 5.4), referral fees (Model Rule 7.2), and solicitation (Model Rule 7.3); and (d) you will not characterize payments to Class Cash as fee-sharing or referral fees, or structure any arrangement with Class Cash in a manner that would violate applicable ethics rules. To the fullest extent permitted by law, you agree to indemnify Class Cash from any claims, regulatory actions, or disciplinary proceedings arising from your failure to comply with this Section, including any attorneys’ fees Class Cash incurs in defending itself through counsel of its choosing.
NO WARRANTY ON SERVICES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to THE Services, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided through the Services. We may experience delays in updating information on the Services and in our advertising on other websites. The information, products and services found on the Services may contain errors or inaccuracies or may not be complete or current. Products, services, or information provided may be incorrect, including incorrectly priced or unavailable. We expressly reserve the right to correct any errors on our Services, including any pricing errors. The inclusion or offering of any product or service included in the Services does not constitute an endorsement or recommendation of such product or service by us.
Third-Party Services
The Services may link to third-party websites. In this regard, you acknowledge and agree that:
- Third-party services are not controlled, owned or operated by us;
- We do not endorse and are not responsible or liable for any third-party services, their content, accuracy or practices;
- Your use of third-party services is entirely at your own risk and is subject to the third party’s own terms and privacy policies; and
- Any relationship, dispute, or transaction between you and a third-party is solely between you and that third party.
Platform Content Moderation and Removal Rights
Class Cash reserves the right, in its sole discretion and without notice or liability, to: (a) review, screen, edit, refuse to post, or remove any content submitted by you or any other user, including without limitation investigation descriptions, profile information, advertisements, and bid submissions; (b) remove or disable access to any content that Class Cash determines, in its sole discretion, violates these Terms, applicable law, or applicable Rules of Professional Conduct, or is otherwise objectionable; (c) establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that content will be retained, the maximum storage space allocated, and the maximum number of times you may access the Services in a given period; and (d) modify, suspend, or discontinue any aspect of the Services at any time without notice. Class Cash shall have no liability to you for any such action or inaction.
Data Security Obligations of Attorney/Law Firm Users
To the extent that you receive, access, or process any personally identifiable information (“PII”) of potential claimants or other individuals through the Services, you agree to: (a) maintain commercially reasonable administrative, technical, and physical safeguards to protect such PII from unauthorized access, use, or disclosure; (b) comply with all applicable data protection laws, including without limitation the California Consumer Privacy Act (CCPA), the New York SHIELD Act, and any other applicable state privacy laws; (c) promptly notify Class Cash (in no event later than 72 hours after discovery) of any actual or reasonably suspected data breach affecting PII obtained through the Services; (d) use PII obtained through the Services solely for the purpose of evaluating and potentially representing the associated potential claimant, and for no other commercial or illegal purpose; (e) not sell, share, or otherwise transfer PII obtained through the Services to any third party without the express written consent of Class Cash and the affected individual; and (f) upon termination of your account or upon Class Cash’s request, promptly delete or return all PII obtained through the Services. Your obligations under this Section survive termination of these Terms.
DAMAGES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE PROHIBITED BY RELEVANT LAW: IN NO EVENT WILL CLASS CASH, ITS EMPLOYEES, REPRESENTATIVES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. YOUR VIOLATION OF APPLICABLE LAW, CLAIMS ARISING FROM YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN RISK, AND YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO YOUR DEVICE, NETWORK, OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLASS CASH EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO CLASS CASH IN THE PREVIOUS YEAR FOR ANY DAMAGES OR INJURY ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLASS CASH OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Intellectual Property
Unless otherwise explicitly exempted in this Agreement, all rights, title and interest in the Services and all content and other materials on the Services, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are either registered trademarks, trademarks, copyrighted material, or otherwise protected intellectual property of Class Cash in the United States and/or other countries. You may not copy, distribute, modify, or create derivative works from our Services without written permission from us to do so.
If you are aware of a potential infringement of our intellectual property, please contact support@classcash.com
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if the above information is not provided in full in your request. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on the Services.
You may submit your claim to us by contacting us at: support@classcash.com
User Content License and Platform IP Protections
By submitting, posting, or otherwise making available any content through the Services (including without limitation profile information, investigation descriptions, and bid submissions) (collectively, “User Content”), you hereby grant to Class Cash a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, promoting, and improving the Services. You represent and warrant that: (a) you own or have the necessary rights and permissions to submit User Content; (b) User Content does not infringe or violate any third-party intellectual property, privacy, or other rights; and (c) User Content complies with all applicable laws and Rules of Professional Conduct. You retain ownership of your User Content, subject to the license granted herein.
Indemnification
You agree to indemnify, defend, and hold harmless Class Cash and its respective officers, directors, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees incurred by counsel of Class Cash’s choosing) arising from:
- Your misuse of the Services;
- Your violation of these Terms;
- Your violation of any third-party rights;
- Your violation of any applicable law, rule, or regulation, including without limitation the Rules of Professional Conduct applicable to you;
- Any claim by a third party, including any of your clients or potential clients, arising from or related to your use of the Services or your professional activities in connection with leads or information obtained through the Services;
- Any breach of your representations or warranties set forth in these Terms; and
- Any act of professional misconduct, malpractice, or disciplinary action arising from or related to your use of the Services.
Dispute Resolution, Binding Arbitration Agreement and Class Action Waiver
To the extent that You or we have any controversies, disputes or claims against one another (collectively “issues”), the parties will first attempt to resolve the issues informally, and if informal resolution is not possible then only through binding individual arbitration. As such, You and we agree that any and all issues arising out of or related to the Services, your use of the Services thereof, or arising out of or related to the Services or Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), shall be resolved only through the means set forth in this section.
Prior to initiating arbitration or other proceedings, both You and we agree that each will provide written notice of all potential Covered Claims to the opposing party setting forth: (1) all the specific factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the specific remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written Notice shall be provided on an individualized basis, with a separate Notice being sent for each claimant with a handwritten or digital signature.
To provide Notice to us, You must send the Notice to support@classcash.com.
Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 60 days to resolve the Covered Claims before resorting to more formal means of resolution, including, without limitation, arbitration. All limitation periods, along with any filing fees or other deadlines, shall be stayed during this period of informal dispute resolution, but in no event longer than 60 days unless the parties agree in writing otherwise.
The parties further agree that, if informal resolution is not reached within the time specified above, then any and all Covered Claims shall be resolved only through binding individual arbitration proceedings. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any arbitration or other formal dispute resolution proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedure, which can be found at www.jamsadr.com. The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. Any conflict between the JAMS rules and this Agreement shall be resolved in favor of this Agreement. The arbitration and the interpretation of this Agreement shall be governed by the laws of the state of Wyoming. Both your agreement to arbitrate all Covered Claims, and the results and awards rendered through arbitration, will be final and binding on you and may be entered in, or specifically enforced by, legal proceedings in court. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that all administration and arbitrator fees shall be divided evenly among the parties and if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including reasonable attorneys’ fees, associated with that claim.
YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION AS A MECHANISM TO RESOLVE ALL COVERED CLAIMS BETWEEN US, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO BROAD DISCOVERY, AND THE RIGHT TO AN APPEAL. YOU UNDERSTAND THAT IN THE CONTEXT OF ARBITRATION, A CASE IS DECIDED BY AN ARBITRATOR (ONE OR MORE), NOT BY A JUDGE OR A JURY.
Separate and apart from the agreement to arbitrate as provided herein and to the maximum extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action, private attorney general action, or other representative action, however denominated, in any way for any claims against the other.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CLASSCASH, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
This Class Action Waiver only applies to disputes between you and Class Cash. It does not affect your rights to represent claimants obtained from the Services.
If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. For the purposes of any legal proceeding commenced in any court in accordance with this section, you irrevocably submit to the jurisdiction of the state and federal courts located in the County of Sheridan in the State of Wyoming for such purposes.
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between you and us regarding the Services, and supersede and replace any prior agreements we might have had with you regarding the use of the Services, including the Website and App.
Changes to Terms of Service
We reserve the right to make changes (including updates or modifications) to the Terms of Service at any time. We will use commercially reasonable efforts to notify you of material changes to the Terms of Service. Therefore, we suggest that you regularly review all of our legal notices. Your continued use of the Services after the updated Terms have become effective constitutes your acceptance of the changes to the Terms of Service.
Questions
If you have any questions about our Terms of Service, please contact us at support@classcash.com.