Collect Now Terms of Use

 

1. Acknowledgment and acceptance of these Terms of Use. These Terms of Use set forth the terms and conditions under which you may use this Website. Please read this page carefully. If you do not accept the Terms of Use stated herein, do not use the Website. You agree to review these Terms of Use on a regular basis. By using the Website, you are agreeing to be bound by these Terms of Use.

 

2. Overview of the Collect Now Platform. Collect Now connects small businesses with attorneys that specialize in collecting overdue liabilities. It is an online marketplace that empowers small businesses to identify and engage collection law firms with licenses in specific jurisdictions throughout the United States.

 

a. Collect Now is not a law firm. Collect Now is not a law firm, does not offer legal advice or opinions and is not engaged in the practice of law. Lawyer Users are not employed by Collect Now. Collect Now is not a party to any contracts or agreements between Lawyer Users and Business Users. Collect Now does not participate in any way with the services provided by Lawyer Users for Business Users and shall not be liable in connection with any such services provided.

 

b. Collect Now is not a lawyer referral service. By maintaining the Website, Collect Now is not referring Business Users to any particular Lawyer User. Collect Now does not endorse or vouch for any of the Lawyer Users on the platform. Permitting a Lawyer User to create and maintain a profile on the Website does not imply that Collect Now recommends, endorses or suggests the engagement of said Lawyer User. Business Users are free to choose which Lawyer User, if any, they would like to handle their collection claim(s). Collect Now encourages Business Users to investigate the respective Lawyer User’s licensing, professional liability insurance and competence before accepting legal representation.

 

c. Collect Now does not guarantee the outcome of any collection matter. Collect Now gives no warranties, conditions, guarantees or representations, express or implied, as to the outcome of any collect matter handled by any Lawyer User obtained by any Business User through the Website. Collect Now specifically disclaims any liability with regard to any legal representation provided by Lawyer Users for Business Users.

 

d. Use of the Website does not create an attorney-client relationship with Collect Now. Collect Now does not engage in the practice of law. Use of the Website is not intended to create and does not constitute an attorney-client relationship between Collect Now and any Business User. Lawyer Users do not represent any Business Users unless and until an attorney-client relationship has been established through the claim submission and bid proposal and acceptance process used by the parties on the Website.

 

3. Definitions. The following definitions shall apply to these Terms of Use:

 

“Website” or “Site” refers to the Collect Now website located at http://www.collectnow.com, including all subdomains thereof, and any links available from or within the Website, but does not include any external websites or links to external websites not belonging to or controlled by Collect Now.

 

“Linked Sites” refers to links to third party websites not under the control of Collect Now.

 

“Terms of Use” refers to the terms, conditions, and notices contained herein.

 

“Communication Services” refers to the services, forums, profile pages, calendars, and/or other message or communication facilities on the Website designed to enable Users to communicate with each other.

 

“Services” refers to any and all services provided by Collect Now, including Communication Services.

 

“Submissions” refers to all materials or information posted, uploaded, inputted or submitted by Users to the Website.

 

“We”, “us”, “our” and “Collect Now” refers to Collect Now LLC.

 

“You”, “Your” and “User” refers to any and all individuals and entities visiting or using the Website.

 

“Business Users” refer to Users who submit collection claims through the Website for proposals from Lawyers Users.

 

“Lawyer Users” refer to Users who submit proposals to Business Users to handle collection claims submitted through the Website. Lawyer Users are not employees of Collect Now or otherwise compensated by Collect Now.

 

4. Privacy. Your use of the Website is subject to Collect Now’s Privacy Policy. Please review our Privacy Policy, which also informs Users of our data collection practices.

 

5. Electronic Communications. Visiting the Website or sending emails to Collect Now constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

 

6. Your account. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Collect Now is not responsible for third party access to your account that results from theft or misappropriation of your account. Collect Now and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion, for any reason or for no reason whatsoever.

 

7. Links to third-party sites. The Website may contain links to other websites ("Linked Sites"), including but not limited to links contained on User profile pages. The Linked Sites are not under the control of Collect Now and Collect Now is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Collect Now is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Collect Now of the site or any association with its operators.

 

8. No unlawful or prohibited use. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use. As a condition of your use of the Website, you warrant to Collect Now that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

9. Intellectual property. All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Collect Now or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Collect Now content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Collect Now and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Collect Now or our licensors except as expressly authorized by these Terms of Use.

 

10. Information related to alleged copyright infringement. In operating the Website, Collect Now may act as a “services provider” as such term is defined in the Digital Millennium Copyright Act (the “DMCA”), and offer services as an online provider of materials and links to Third Party Sites or user submitted Information. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website.

 

If you are a copyright owner or an agent thereof and believe that any material available on the Website infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the DMCA by providing Collect Now’s agent designated to receive notifications (“Copyright Agent”) with a notice containing the information described below.

 

Claims of copyright infringement, with the requisite material listed below, should be directed to our Copyright Agent:

 

Attn: Copyright Agent

Collect Now LLC

2001 Route 46, Suite 206

Parsippany, New Jersey 07054

info@collectnow.com

Telephone: (888) 922-5990

 

A notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following (see 17 U.S.C. §512(c)(3) for further details):

 

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

 

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Collect Now to locate the material;

 

(d) Information reasonably sufficient to permit Collect Now to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address where the complaining party may be contacted;

 

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

11. Use of Communication Services. The Website contains services, forums, profile pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Collect Now has no obligation to monitor the Communication Services. However, Collect Now reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Collect Now reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Collect Now reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Collect Now’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Collect Now does not control or endorse the content, messages or information found in any Communication Service and, therefore, Collect Now specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Users are not authorized Collect Now spokespersons, and their views do not necessarily reflect those of Collect Now.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

12. Materials provided to or posted on the Website. Collect Now does not claim ownership of the materials you provide to the Website or post, upload, input or submit to the Website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Collect Now permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Collect Now is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Collect Now’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

13. Lawyer Users. Lawyer Users are attorneys who offer to perform legal services for Business Users. Lawyer Users are not employees or agents of Collect Now. Lawyer Users represent, warrant, and covenant that: (a) Collect Now does not have the right or power to supervise or control Lawyer Users; and (b) Lawyer User shall not have any claim under this Terms of Use for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from Collect Now.

 

a. No Attorney-Client Relationship through Website Use. Use of the Website does not automatically form an attorney-client relationship between Lawyer Users and Business Users. Information posted on the Website is not intended as legal advice and does not create an attorney-client relationship.

 

b. Creating the Attorney-Client Relationship. An attorney-client relationship between Lawyer Users and Business Users may be formed through the use of the Website. Business Users may post Claim Packages on the Website. Lawyer Users may submit Bids to handle the legal representation of the Business User in connection with the attempt to collect the monetary claims contained in the Claim Package. Upon acceptance of the Bid by the Business User, an attorney-client relationship is created between the Lawyer User and the Business User limited to the scope of the Bid.

 

c. Attorney Advertising and Rules of Professional Conduct. Lawyer Users are responsible for making certain that their use of the Website complies with any and all applicable laws and rules of professional conduct, including those relating to the unauthorized practice of law and attorney advertising.

 

d. Legal Fees paid to Lawyer Users. Collect Now is not a law firm and does not provide legal services. Collect Now merely charges an engagement fee for facilitating or connecting the Lawyer User and the Business User. Such engagement fee is not contingent or conditioned upon the outcome of the particular legal case. Any and all legal fees for services performed by Lawyer Users for Business Users is paid, in its entirety, to the Lawyer Users.

 

14. Payment of Engagement Fee by the Lawyer User. Payment of engagement fees will be processed as specified in the Bid submitted by the Lawyer User. When a Bid to handle a Claim Package is accepted by the Business User, Collect Now will charge the Lawyer User’s credit card, for the full amount of the agreed-upon engagement fee, plus any taxes, if applicable. By submitting a Bid to handle a Claim Package, the Lawyer User is agreeing to these terms and giving Collect Now permission to charge the Lawyer User’s credit card on file for the agreed-upon engagement fee, plus any taxes, if applicable, when and if the Business User accepts the respective Bid. The engagement fee is merely a fee for facilitating or connecting the Lawyer User and the Business User. No attorney-client relationship is created between Collect Now and any User.

 

The Lawyer User may submit a dispute over payment of the engagement fee to Collect Now within fourteen (14) calendar days of the date the engagement fee is charged. Such notice shall set forth specific facts detailing the basis that the Lawyer User disputes the charge for the engagement fee. Lawyer User’s failure to submit such a notice within the aforementioned time period shall result in a permanent waiver of the Lawyer User’s right to dispute the charge.

 

15. Indemnification. You agree to indemnify, defend and hold harmless Collect Now, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Website or any Services, any user postings made by you, your violation of any terms of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Collect Now reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Collect Now in asserting any available defenses.

 

16. Liability disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COLLECT NOW AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

 

COLLECT NOW AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLLECT NOW LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLECT NOW AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLLECT NOW LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

17. Termination / Access restriction. Collect Now reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Such termination may be for any reason or no reason whatsoever.

 

18. Users of the Website must be over the age of 18. Collect Now does not permit any Users under the age of 18 to use the Website and the related services. Collect Now shall terminate the account of any User who is determined to be under the age of 18.

 

19. Governing law and jurisdiction. These Terms of Use are governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

 

20. Severability. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms if Use shall continue in effect.

 

21. Entire agreement. These Terms of Use constitute the entire agreement between the User and Collect Now with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Collect Now with respect to the Website.

 

22. Admissibility of Terms of Use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

23. Changes to Terms of Use. Collect Now reserves the right, in its sole discretion, to change these Terms of Use. The most current version of the Terms of Use will supersede all previous versions. Collect Now encourages you to periodically review the Terms of Use to stay informed of our updates.

 

24. Notices. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt; and (d) by email, and such notices shall be addressed as follows:

 

Collect Now LLC

2001 Route 46, Suite 206

Parsippany, New Jersey 07054

info@collectnow.com

 

25. Questions or comments. Collect Now welcomes your questions or comments regarding these Terms of Use. Please feel free to contact us at info@collectnow.com.

 

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Effective as of January 01, 2017

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