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TERMS & CONDITIONSPACIFIC LEGAL FINANCE, INCTERMS & CONDITIONS This Agreement ("Agreement") is made this day by and between Pacific Legal Finance, Inc., an California company ("PLF"), and you, the Funds Recipient. DEFINITIONS "PLF" - Pacific Legal Finance, Inc. "Broker" - That individual and/or entity which seeks to obtain funding (ie. Money) on behalf of another individual and/or entity (ie. Funds Recipient). In this arrangement the Broker is the agent of the Funds Recipient. "Funds Provider" - That individual and/or entity which provides funding to a Funds Recipient, through PLF "Funds Recipient" - That individual and/or entity which seeks and receives funding (ie. Money) from a Funds Provider due to the efforts of PLF RECITALS WHEREAS, the Funds Recipient wishes to hire PLF for purposes of PLF securing for the benefit of the Funds Recipient those sums requested by the Funds Recipient from a Funds Provider. In exchange for the efforts of PLF, the Funds Recipient agrees to pay to PLF those fees as agreed upon. NOW THEREFORE, in consideration of the foregoing, the parties agree as follows: AGREEMENT 1. Term and Fees: PLF is not liable to Funds Recipient for being unable to secure any funding request. Funds Recipient is liable to PLF for commission/fees once PLF initiates efforts to secured funding and such funding does occur. 2. Exclusive: Funds Recipient agrees not to engage the services of another Broker while PLF is working on this funding request. Additionally, Funds Recipient agrees not to contact or seek funding directly from any Funds Provider while PLF is engaged to seek funding. Shall Funds Recipient violate the aforementioned and obtain funding elsewhere, Funds Recipient shall owe the previously agreed upon commissions/fees. 3. Compensation: Given the nature of this business, in that it is over the phone or via the internet, each party agrees to accept the oral agreement on compensation to PLF or the input form via the PLF website. While the actual commissions/fees may vary from request to request, it is typical that the commissions/fees charged by PLF are 10% of the amount funded. This means that is $10,000 is funded, PLF would be entitled to $1,000 commission/fee. Funds Recipient authorizes and directs the Funds Provider to pay PLF directly out of the funds to be sent to the Funds Recipient. 4. Authorization to Contact Attorney: Funds Recipient agrees and directs PLF to contact their attorney to effectuate this transaction. Additionally, Funds Recipient authorizes PLF to provide to any Funds Providers with any information (concerning Funds Recipient or their case) obtained from Funds Recipient, their attorney, or public records. Additionally, The Funds Recipient authorizes and directs PLF to grant unto any Funds Provider that same right. 5. Authorization to Run Credit: The Funds Recipient authorizes PLF to run their credit report. Additionally, The Funds Recipient authorizes and directs PLF to grant unto any Funds Provider that same right to run the Funds Recipients credit report. 6. Compliance with Laws: PLF shall, at all times, comply with all applicable laws, statutes, ordinances, regulations, rulings, orders and decrees of all federal, state, and local government bodies, authorities, agencies, or departments (or any instrumentality thereof) having jurisdiction over PLF, this Agreement, or the transactions contemplated hereby. 7. Indemnification: Funds Recipient shall indemnify, defend, and hold harmless PLF, and its shareholders, directors, officers, members, managers, partners, employees, agents, representatives, investors, and affiliates (collectively, "PLF"), from and against any losses, damages, claims, demands, or liabilities (including without limitation any regulatory fines and forfeitures, court costs, and reasonable attorney's fees) that PLF may incur related to or arising out of PLF's breach of any provision of this Agreement, or for any negligent, fraudulent, illegal, or criminal acts or omissions of the Funds Recipient. 8. Governing Law: This Agreement, and any disputes arising out of or relating hereto, shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of Illinois without reference to principles of choice of law or conflict of law between or among jurisdictions. 9. Arbitration: Any controversy or claim between the parties arising out of or relating to this Agreement which cannot be resolved by agreement of the parties, upon written demand of either party to the other, shall be exclusively settled by binding arbitration before a single arbitrator in Chicago, Illinois, in accordance with the rules then in effect of the American Arbitration Association ("AAA"), except that the arbitrator shall apply Illinois law (without regard to its choice of law or conflict of law principles) with respect to all substantive matters in the arbitration proceedings. The parties agree that punitive, treble, or any other like style of multiple damages shall not be awarded under any circumstances. The parties further agree to consider themselves bound by, and shall pay the costs and fees of arbitration in accordance with, any award made by the arbitrator, and that a judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 10. Disclaimer: The material published on this site is for informational purposes only and is not intended to represent legal advice. Any information transmitted to PLF does not constitute an attorney-client relationship between the parties. There are no guarantees that applying for a litigation cash advance will result in funding. PLF reserves the right to decline your application for funding at anytime throughout the process and may or may not provide a reason for the decline. 11. Intellectual Property: The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by PLF, its licensees, or other third parties who have authorized use of such properties on this site. PLF will aggressively enforce its intellectual property rights to the fullest extent of the law. 12. Representation of Truthfulness: By applying for a cash advance through PLF, you verify that the information presented to PLF is true and complete to the best of your knowledge. This information will be treated by PLF as truthful. If any discrepancies are found in the information that was provided, PLF reserves the right to immediately decline your application and will do so in all such cases. Should any information you provide result in any claim of civil or criminal fraud, PLF shall reserve the right to immediately report such submission to the proper authorities. 13. Funding Methods: Funds Recipient authorizes PLF to contact Funds Providers directly or via any Internet databases, exchanges or mass submission forums. 14. Privacy: Funds Recipient waives any claim of privacy upon submission of this request for funding. Additionally, Funds Recipient waives any claim against PLF for consequences that may arise of the disclosure of case or private information. Information conveyed to PLF will be shared with funding sources in order to secure funding. PLF disclaims any liability whatsoever as a result of any consequences that may result from the publication of this material. 15. Non-Fulfilled Funding Requests: Funds Recipient understands that PLF is not liable for any consequence in being unable to fulfill a funding request, including PLF failing to submit said request to a Funds Provider. PLF makes no warranty or guarantee that any funding request will be fulfilled by a funds provider. Further, Funds Recipient will not rely on the representation of PLF or any Funds Provider on the legal merits of their case during or after this submission. 16. Modification: PLF reserves the right to modify these terms and conditions from time to time. Your use of this site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions. 17. Arbitration: You and we agree that either you or we may, at either party's sole election, require that any Claim (as defined below) be resolved by binding arbitration. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. 18. Enforcement Fees: Should PLF be required to hire counsel to enforce any terms of this agreement it shall be entitled to collect, in addition to all damages, all costs of collection including reasonable attorney's fees. |
