Last Updated: November 10, 2024
These Terms of Service (the “Terms”) are entered into by and between LawGrowth Partners, LLC (“We”, “Us”, “Our”, or “Service Provider”), a limited liability company organized and existing under the laws of California, and the Client (“Client”), collectively referred to as the “Parties.” LawGrowth Partners, LLC owns and operates the website and the services provided therein. This Agreement, along with the Privacy Policy and Cookie Policy, governs the relationship with the Client and the provision of services (the “Services”) by the Service Provider to the Client. The use of the Services is subject to acceptance of this Agreement, which sets forth the legally binding terms and conditions for the use of the Services provided.
- Acceptance of Terms
By accessing or using the services provided by LawGrowth Partners, LLC, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Service, Privacy Policy, and Cookie Policy. These Terms of Service constitute a legally binding agreement between you and the Service Provider, governing your use of the Service Provider’s services. If you do not agree to these Terms of Service, you must not access or use the services.
- Description of Services
This Terms of Service agreement outlines the services to be provided by LawGrowth Partners, LLC to the Client. The Service Provider shall offer litigation funding services to the Client, strictly in accordance with the terms and conditions set forth in the executed funding agreement between the Service Provider and the Client. The scope of services includes, but is not limited to, financial support for legal proceedings, case evaluation, and funding management, as detailed in the funding agreement.
- II. Geographic Restrictions
a. Service Availability: The services provided by LawGrowth Partners, LLC are currently available exclusively to residents of the states of Florida and California. By accessing or using our services, you confirm that you are a resident of either Florida or California.
b. Eligibility Verification: Users may be required to provide proof of residency in Florida or California to access certain features or services. This may include providing a valid state identification card, utility bill, or other acceptable forms of proof of residence.
c. Limitations: Users outside of Florida and California are not eligible to use the services provided by LawGrowth Partners, LLC at this time. We reserve the right to block or disable access to our website and services for users who do not meet this geographic criterion.
d. Future Availability: We may expand our services to additional states in the future. Any changes in the availability of our services to other regions will be updated in these Terms of Service and communicated to users through our website and other appropriate channels.
e. California and Florida Specific Disclosures: In accordance with state laws, residents of California and Florida are entitled to specific rights and disclosures. For California residents, please refer to the “California Disclosures and Complaint Reporting” section for more information. For Florida residents, please be aware of your rights under Florida state law and how you can report any complaints or issues directly to us.
- User Obligations
This clause outlines the obligations and responsibilities of the user (“User”) in their use of services provided by LawGrowth Partners, LLC (“Service Provider”). By accessing or using the services, the User agrees to comply with the following obligations:
- The User shall comply with all applicable laws, regulations, and ordinances of the State of California and any other relevant jurisdiction.
- The User must provide true, accurate, and complete information as requested by the Service Provider, and promptly update this information as necessary to maintain its accuracy.
- The User shall use the services for lawful purposes only and shall not engage in any activity that interferes with or disrupts the services or the servers and networks connected to the services.
- The User is responsible for maintaining the confidentiality of any account and password information and for restricting access to their computer and devices to prevent unauthorized access to their account.
- The User shall not infringe upon the intellectual property rights of the Service Provider or any third party. This includes, but is not limited to, not copying, distributing, or disclosing any part of the services in any medium without the Service Provider’s prior written authorization.
- The User shall not use the services to conduct any fraudulent or illegal activities, nor shall they use the services to produce or disseminate material that is defamatory, obscene, abusive, or otherwise objectionable.
Failure to adhere to these obligations may result in the termination of the User’s access to the services, at the sole discretion of the Service Provider.
- Intellectual Property Rights
This Terms of Service Agreement grants no license or right to use any trademarks, service marks, logos, or other branding (collectively, “Trademarks”) of LawGrowth Partners, LLC without the Service Provider’s prior written consent. All Trademarks, including any modifications or derivatives thereof, remain the exclusive property of the Service Provider. The Client acknowledges that all rights, title, and interest in and to the Trademarks, including any intellectual property rights therein, are owned by the Service Provider.
Furthermore, the Client agrees not to use, register, or attempt to register any Trademarks or domain names that are confusingly similar to those of the Service Provider, nor will the Client create any derivatives of the Trademarks without the express written permission of the Service Provider. Any unauthorized use of the Trademarks by the Client will constitute a breach of this Agreement and may result in legal action by the Service Provider to protect its intellectual property rights.
- Privacy Policy
This Terms of Service Agreement incorporates by reference the Privacy Policy of LawGrowth Partners, LLC. The Privacy Policy outlines the types of personal information that may be collected from clients and how this information will be used, shared, and protected. The Service Provider is committed to safeguarding the privacy of the Client’s personal information in accordance with applicable laws and regulations. Clients are encouraged to review the Privacy Policy regularly to stay informed about how their personal information is being protected. By using the services provided by the Service Provider, Clients acknowledge and agree to the terms outlined in the Privacy Policy.
- Confidentiality
In the course of performing services under these Terms of Service, LawGrowth Partners, LLC and the Client may share confidential information with each other. Each party agrees to maintain the confidentiality of all such information and to use it only for the purposes of fulfilling their obligations under these Terms of Service. Confidential information includes, but is not limited to, personal identification details, contact information, financial data, and any other information designated as confidential by either party.
Notwithstanding the foregoing, confidential information may be disclosed to attorneys, accountants, and other professionals to the extent necessary to obtain their services in connection with the performance of these Terms of Service. Any such professionals will be informed of the confidential nature of the information and will be required to agree to maintain its confidentiality.
- Information Sharing with Attorneys
In connection with the provision of services under this Agreement, LawGrowth Partners, LLC may share certain information with attorneys or law firms (“Attorneys”) engaged by the Client or by LawGrowth Partners, LLC for the purpose of facilitating the provision of litigation funding services. Such information sharing shall be conducted in strict compliance with all applicable laws and regulations regarding privacy and confidentiality.
The Client hereby authorizes LawGrowth Partners, LLC to disclose to Attorneys any information deemed necessary by LawGrowth Partners, LLC to assist in the evaluation, administration, or funding of the Client’s legal proceedings. This may include, but is not limited to, personal identification details, case specifics, financial information, and any other data pertinent to the provision of litigation funding services.
LawGrowth Partners, LLC shall take all reasonable steps to ensure that any Attorneys receiving such information are bound by confidentiality obligations at least as protective as those set forth in this Agreement. Furthermore, LawGrowth Partners, LLC will require that Attorneys use the shared information solely for the purposes of providing legal services related to the Client’s case and not for any unrelated purpose.
The Client acknowledges that the sharing of information with Attorneys is essential to the provision of litigation funding services and consents to such sharing. The Client further agrees to provide any additional consents or authorizations as may be necessary to facilitate the sharing of information with Attorneys pursuant to this provision.
- Links to Other Websites
This Terms of Service may contain links to third-party websites or services that are not owned or controlled by LawGrowth Partners, LLC. LawGrowth Partners, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that LawGrowth Partners, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
- Termination
This Terms of Service agreement may be terminated by either the Service Provider, LawGrowth Partners, LLC, or the Client at any time with a written notice of thirty (30) days. Upon termination, the Client must cease all use of the Service Provider’s services and return any materials or information provided by the Service Provider during the term of this agreement. The Service Provider reserves the right to terminate this agreement immediately, without prior notice, in the event of a breach of this agreement by the Client.
All provisions of this agreement that by their nature should survive termination will remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LAWGROWTH PARTNERS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR THROUGH THE SERVICES. THE CLIENT ACKNOWLEDGES THAT USE OF THE SERVICES IS AT THEIR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE SERVICE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
- Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL LAWGROWTH PARTNERS, LLC BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LAWGROWTH PARTNERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE OF THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LAWGROWTH PARTNERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE PARTIES ACKNOWLEDGE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
- Indemnification
To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless LawGrowth Partners, LLC, its officers, directors, employees, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or any activity related to the Client’s account (including negligent or wrongful conduct) by the Client or any other person accessing the service using the Client’s account.
- Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms of Service agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall take place in California, and the arbitration proceedings shall be conducted in English. The parties agree that any arbitration under this agreement shall be conducted on an individual basis, and not as a class action, class arbitration, or any other form of representative proceeding. This agreement to arbitrate will be binding upon and inure to the benefit of the parties, their successors and assigns. The prevailing party in any arbitration or legal action related to this agreement shall be entitled to recover its reasonable attorneys’ fees and costs.
- Governing Law
This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the services provided hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. Each party consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such suit, action, or proceeding in such courts.
- Amendment and Modification
This Terms of Service may be amended or modified by LawGrowth Partners, LLC at any time without prior notice to the Client. However, if any amendment or modification materially alters the Client’s rights or obligations, LawGrowth Partners, LLC will endeavor to provide the Client with prior notice of such changes. The method of notice may include, but is not limited to, posting on the Service Provider’s website, direct communication via email, or through other electronic communication platforms. The Client’s continued use of the services provided by LawGrowth Partners, LLC after any such amendments or modifications will constitute the Client’s acceptance of the changes.
- Class Action Waiver
Any disputes arising out of or related to these Terms of Service or the services provided by LawGrowth Partners, LLC to the client under these Terms of Service shall be resolved on an individual basis. The Client hereby waives any right they may have to start or participate in any class, collective, consolidated, or representative action against the Service Provider or the Indemnified Parties, as defined herein.
This waiver shall not prevent the Client from participating in any class action or other collective proceeding that is not related to the dispute arising under these Terms of Service.
The jurisdiction for this clause and any disputes arising under these Terms of Service is California. This Class Action Waiver does not in any way limit the Client’s ability to bring an individual action against the Service Provider or the Indemnified Parties in the courts of California.
- Jury Trial Waiver
Both the Client and LawGrowth Partners, LLC hereby waive any right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract, tort, or otherwise, relating directly or indirectly to this Agreement or any matters arising in connection with this Agreement. This waiver is knowingly, willingly, and voluntarily made by the Client and the Service Provider, and each party acknowledges that no representations of fact or opinion by any individual have induced this waiver of trial by jury. Each party further acknowledges that they have been represented in the signing of this Agreement and in the making of this waiver by independent legal counsel, selected of their own free will, and that they have had the opportunity to discuss this waiver with counsel.
- Severability
If any provision of these Terms of Service, or the application thereof to any person or circumstance, is found to be invalid, illegal, or unenforceable to any extent, the remainder of the Terms of Service and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. Any invalid, illegal, or unenforceable provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and shall not affect the validity or enforceability of any other provision.
- Entire Agreement
This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, both written and oral. This agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth herein, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Consent to Electronic Communications
By accepting the Terms of Service, you hereby consents to receive electronic communications from LawGrowth Partners, LLC. These electronic communications may include, but are not limited to, emails, text messages, push notifications, and communications made through the Service’s website or mobile application. This consent is a condition of using the Service and cannot be revoked as long as you maintain an account or use the Service.
You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices sent by email will be deemed to have been given and received on the date we transmit any such email. If you decide at any time that You no longer wish to receive certain communications from Us electronically, you may opt out by contacting Us directly. However, you acknowledge that opting out may affect your use of the Service.
- Miscellaneous
Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, wars, insurrections, terrorist acts, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay. The affected Party shall notify the other Party of such force majeure event as soon as reasonably possible and shall use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized.
- California Disclosures and Complaint Reporting
In accordance with California state law, users who are California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted online at www.dca.ca.gov, or by telephone at 1-800-952-5210. The Service Provider encourages our users to report any complaints they have about our Services directly to us via email at Admin@LawGrowthPartners.com so we can resolve them as soon as possible.
- Florida Disclosures and Complaint Reporting
In accordance with Florida state law, users who are Florida residents are entitled to specific consumer rights notice: The Florida Department of Agriculture and Consumer Services may be contacted online at www.fdacs.gov, or by telephone at 1-800-HELP-FLA (1-800-435-7352). The Service Provider encourages our users to report any complaints they have about our Services directly to us via email at Admin@LawGrowthPartners.com so we can resolve them as soon as possible.
- Contact Us
For any questions or comments regarding the Services or these Terms of Use, please contact us at:
LawGrowth Partners, LLC
Admin@LawGrowthPartners.com
447 Sutter St Ste 405 – 426,
San Francisco, CA 94108
1-628-529-4769