April 21, 2020

Subscription Ethics Advice Terms

Subscription Ethics Advice Terms

ZAVIEHLAW SUBSCRIPTION ETHICS ADVICE TERMS OF SERVICE

MEGAN ZAVIEH (“Attorney”) and Client (hereinafter “you” or “Client”) hereby agree that Attorney will provide legal services to Client on the Terms of Service (“Terms”) set forth below.

CONDITIONS

Subscription Ethics Advice (the “Services”) commence upon Client’s enrollment in the subscription service online and payment of the initial month’s fees.  Attorney will run a conflicts check to ensure no conflicts prevent Attorney from representing Client; if such a conflict exists, Attorney will refund Client’s fees paid and these Terms shall not take effect.  Attorney may also refuse to allow Client to enroll in the Services for any reason, and will so notify Client of such refusal within a reasonable time after initial enrollment.  Should Attorney refuse Services to Client, a refund of all fees paid shall be immediately made.  When Attorney accepts Client into the Services, these Terms become effective and an attorney-client relationship is formed.  Upon cancellation of the Services, the attorney-client relationship is terminated.

SCOPE OF SERVICES

Client hires Attorney to provide ethics consulting on an ongoing basis on general issues of legal ethics. Client understands that Attorney is licensed to practice law in California, Georgia, New York, and New Jersey, and only advice as to those states is provided under these Services. Client shall have access to Attorney as set forth on Client’s enrollment page for the plan level selected. During the subscription period, Client shall have access to all Services on the level paid for by Client.  At the end of 12 months of subscription, all unused calls, document reviews, or other yearly offerings shall expire and reset for the following 12 month period.  If Client upgrades or downgrades subscription level at any time, the Services for the current level of subscription shall be immediately available. Client may utilize the Services to seek advice related to any matter other than an ongoing disciplinary investigation or an issue which is the primary subject of ongoing litigation. Attorney’s services do not include representation of Client before any entity, agency or tribunal, nor do they include any form of litigation service. The Services are limited to advising and consulting with Client. If a court action or disciplinary matter is initiated, Attorney shall not be obligated to provide legal services with respect to any such action; separate arrangements must be agreed to for those services and any other services not described herein. Those additional services may be eligible for a discount depending upon the subscription level chosen by Client.

CHANGES TO SERVICES AND TERMS

Services may, from time to time, be expanded to permit Client access to additional Services.  Client shall have access to expanded Services as they are made available.  Services will not be removed from Client’s subscription except upon 30 days advance notice.  Services will not be removed until after expiration of any prepaid period of Client’s subscription.  Changes to the Services and to these Terms will be evidenced on Attorney’s website and Client will receive notice at the email address Client uses to subscribe to the Services. No changes will be effective prior to notice to Client.

CLIENT’S DUTIES

Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information or developments which may come to Client’s attention, to abide by these Terms, to pay subscription fees on time and via automatic billing methods, and to keep Attorney advised of Client’s address, telephone number, email address and whereabouts.  Client agrees not to share educational materials contained in the Services with any third party.

FEE

Client agrees to pay Attorney the subscription fee chosen for the plan on which Client has enrolled.  Client agrees the fee will be paid with a monthly recurring credit card charge, and that the fees are earned on the date on which they are billed, as Services are provided on an ongoing basis and access to the Services are the heart of the benefit provided to Client.  Thus, fees will not be placed in an attorney-client trust account.

MEDIATION CLAUSE

If a dispute arises out of or relates to any aspect of this Agreement between Attorney and Client, or the breach thereof, and if the dispute cannot be settled through negotiation, Attorney and Client agree to first try in good faith to settle the dispute by private mediation or fee mediation provided by local bar association programs before resorting to arbitration, litigation, or any other dispute resolution procedure.  The cost of such mediation shall be borne equally by the parties, unless otherwise stipulated in a settlement agreement between the parties.  The Terms are governed by and must be interpreted under California law.  Any court proceedings relating to this these Terms must be instituted in Alameda County, California.

CANCELLATION

Client may cancel the Services at any time for any reason.  You may cancel within your account or you may email megan@zaviehlaw.com to cancel.  In the event Client cancels subscription, Client shall be liable for the monthly subscription payment for the month of cancellation; Services will be provided for the period that has been paid.  After Services conclude, Attorney will, upon Client’s request, deliver Client’s file, and any Client property in Attorney’s possession, whether or not Client has paid for all Services.  Should Attorney cease providing the Services to all clients, these Terms shall no longer be in effect.  In this event, Attorney shall refund to Client any subscription fees for periods in which Services were not provided.  Any prepaid fees will be prorated for the period they were intended to cover.

ENTIRE AGREEMENT

These Terms contain the entire agreement of the parties.  No other agreement, statement, or promise made on or before the effective date of these Terms will be binding on the parties.

SEVERABILITY IN EVENT OF PARTIAL INVALIDITY

If any provision of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms will be severable and remain in effect.