Terms and Conditions
PROMO LLC (“PROMOS LLC AND ALL ITS AFFILIATES,” “we,” “our”). We help connect people who need legal help with lawyers willing to provide such help. We also help lawyers organize and manage their law practices. We focus primarily on helping consumers find an attorney for traffic tickets and traffic misdemeanors but may also assist consumers to find legal help with other types of cases. These terms (the “Terms”) govern your (“you,” “your”) use of our websites, mobile applications, and other services (the “PROMOS LLC AND ALL ITS AFFILIATES Services”).
USING THE PROMOS LLC AND ALL ITS AFFILIATES SERVICES
By accessing the website or using the PROMOS LLC AND ALL ITS AFFILIATES Services you agree to these Terms. If you do not agree to these Terms, please do not use the website or the PROMOS LLC AND ALL ITS AFFILIATES Services. You may only use the PROMOS LLC AND ALL ITS AFFILIATES Services if you are legally authorized to form a binding contract with PROMOS LLC AND ALL ITS AFFILIATES. You may not use the PROMOS LLC AND ALL ITS AFFILIATES Services if you are under the age of majority in your state.
ACCEPTABLE USES AND LIQUIDATED DAMAGES
Your use of the PROMOS LLC AND ALL ITS AFFILIATES Services must comply with the following Acceptable Uses (the “Acceptable Uses”):
You may only use the PROMOS LLC AND ALL ITS AFFILIATES Services for the purposes described in these Terms and as described on the PROMOS LLC AND ALL ITS AFFILIATES website.
You may only use the PROMOS LLC AND ALL ITS AFFILIATES Services for your use or for the use of an entity where you are authorized to enter into contracts on behalf of the entity. If you are using these Terms on behalf of an entity, you agree to these terms on behalf of that entity.
You may not impersonate another person when using the PROMOS LLC AND ALL ITS AFFILIATES Services.
You may not use the PROMOS LLC AND ALL ITS AFFILIATES Services in order to discover the identity of lawyers or others using the PROMOS LLC AND ALL ITS AFFILIATES Services.
You may not by any means, technical, manual, or otherwise, harvest, scrape, index or collect information about the users or lawyers participating on, or affiliated with, the PROMOS LLC AND ALL ITS AFFILIATES Services.
You may not, by any means, disrupt or attempt to disrupt the operation of the PROMOS LLC AND ALL ITS AFFILIATES Services or the technology used to make the PROMOS LLC AND ALL ITS AFFILIATES Services available.
PROMOS LLC AND ALL ITS AFFILIATES reserves the right to determine, in its sole discretion, your compliance with the Acceptable Uses.
If PROMOS LLC AND ALL ITS AFFILIATES concludes you have not complied with the Acceptable Uses, PROMOS LLC AND ALL ITS AFFILIATES has the right, at its sole discretion, to suspend or terminate your use of the PROMOS LLC AND ALL ITS AFFILIATES Services, with or without prior notice. In addition, any violation of the Acceptable Uses in specific or these Terms in general will subject the violator to liquidated damages in the amount of $20,000 per impermissible use.
We reserve the right to change these Terms at any time. Your continued use of the PROMOS LLC AND ALL ITS AFFILIATES Services indicates your acceptance of the revised Terms. In the event of changes to these terms we will revise the “Last Updated” date listed on these Terms.
PROMOS LLC AND ALL ITS AFFILIATES AND LEGAL SERVICES
PROMOS LLC AND ALL ITS AFFILIATES is not a law firm, does not offer legal advice, and does not dispense legal advice. The PROMOS LLC AND ALL ITS AFFILIATES Services are not legal advice, and you should not consider them to be legal advice. All legal matters submitted to PROMOS LLC AND ALL ITS AFFILIATES are handled by independent licensed attorneys who are not employees or agents of PROMOS LLC AND ALL ITS AFFILIATES. Any use of PROMOS LLC AND ALL ITS AFFILIATES Services is not intended to, and does not, create an attorney-client privilege between you and PROMOS LLC AND ALL ITS AFFILIATES. Any communication via PROMOS LLC AND ALL ITS AFFILIATES may not be held confidential. PROMOS LLC AND ALL ITS AFFILIATES cannot be held liable for the actions, omissions, quality or accuracy of legal services provided by attorneys. While PROMOS LLC AND ALL ITS AFFILIATES uses commercially reasonable efforts to confirm that attorneys are licensed and qualified, we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any individual attorney.
In addition to agreeing to adhere to these terms and the PROMOS LLC AND ALL ITS AFFILIATES Attorney Terms and Conditions, Attorneys on PROMOS LLC AND ALL ITS AFFILIATES may offer an engagement agreement as a condition of their working with you. The terms of that agreement apply to their representation of you, and they supersede these terms.
TIMING, ATTORNEY SELECTION, AND THE PROMOS LLC AND ALL ITS AFFILIATES.
You have not engaged an attorney on PROMOS LLC AND ALL ITS AFFILIATES until that attorney has formally accepted your request to engage them. While we ask attorneys that utilize PROMOS LLC AND ALL ITS AFFILIATES to accept, decline, or counter within one business day of receiving your request to book with them they do not always meet this expectation. If we suggest an attorney to you and there are less than three business days before a court date or another impending relevant date, neither PROMOS LLC AND ALL ITS AFFILIATES nor any attorney who participates on the PROMOS LLC AND ALL ITS AFFILIATES platform is responsible if your case is not accepted and addressed in a timely fashion.
When you submit your case information to PROMOS LLC AND ALL ITS AFFILIATES our algorithm suggests an independent attorney licensed in the appropriate authority to handle your matter. Our algorithm uses a variety of objective, quantifiable factors (e.g. the attorney’s good standing with the licensing authority, their fees, their experience and expressed willingness to work in a certain court, their success rate with other PROMOS LLC AND ALL ITS AFFILIATES drivers who have connected with the attorney on PROMOS LLC AND ALL ITS AFFILIATES, their customer service reviews and ratings, etc.) in order to determine which attorney to suggest to you. This selection process does not involve any evaluative judgment. While we believe that the objective factors that we use to identify an attorney can help you find an experienced lawyer, this does not mean the suggested lawyer is the “best” or “right” lawyer for your needs.
If you would like us to provide you with a random lawyer, without any consideration to any objective, quantifiable factors such as a given lawyer’s expertise with traffic matters or experience in a given court, please contact us at firstname.lastname@example.org and we will suggest an attorney for you.
You may also request to be connected to a specific participating attorney. We will honor your request if the attorney is available and willing to take on your case.
PROMOS LLC AND ALL ITS AFFILIATES does not currently have participating attorneys in every jurisdiction. If we do not have any participating attorneys in the jurisdiction where your legal matter occurred, we will not be able to suggest an attorney for you.
In some cases, the attorney = whom we suggest may decline the case or counter-offer with modified terms (i.e. a higher fee, a modified money back guarantee, etc.). In the event a suggested attorney declines your case we will attempt to suggest to you an equivalent attorney with an equivalent fee and equivalent terms, but we cannot guarantee the same fee or the same terms. In the event that we suggest an equivalent attorney or an attorney who has different terms or a different profile we will request your approval. If you choose not to move forward, we will cancel your case and work with the attorney to issue you a full refund of the fee paid.
Similarly, in the event of an attorney counteroffer, you may elect to work with the attorney who was originally suggested to you under the terms of the counter offer (i.e. higher fee and/or modified terms) or elect to find an attorney via other means.
When engaging an attorney through PROMOS LLC AND ALL ITS AFFILIATES, it is your responsibility to provide accurate and complete information. This includes, but is not limited to, an accurate representation of your legal matter, an accurate representation or you’re driving and/or criminal record, and accurate contact information.
You may cancel your case on PROMOS LLC AND ALL ITS AFFILIATES at any time. Attorneys that we work with may have agreed to provide a refund in accordance with the following terms:
Work within their stated, agreed and acknowledged guarantee and refund terms of each attorneys stated terms and conditions.
When you book a case with PROMOS LLC AND ALL ITS AFFILIATES, you provide your payment information to us on the PROMOS LLC AND ALL ITS AFFILIATES platform. Your legal fee is paid directly to the attorney who works on your case, not to PROMOS LLC AND ALL ITS AFFILIATES. PROMOS LLC AND ALL ITS AFFILIATES also charges a booking and services fee (currently $10 but this is subject to change) when you book a case. This fee allows us to and support you and your attorney while your case is in progress. You will not have to pay any additional fees to either your lawyer or PROMOS LLC. This fee is paid when an attorney accepts your case. Your fee will be quoted to you at the time of booking your case. The cost to handle more serious traffic offenses, including but not limited to misdemeanors, DUIs, and other similar infractions and violations may exceed the initially quoted fee. In such a case, PROMOS LLC AND ALL ITS AFFILIATES will inform you of the attorney’s higher fee and you will have the options described in the event of an attorney counteroffer in Section 5 above.
Attorneys pay PROMOS LLC AND ALL ITS AFFILIATES a marketing fee for cases provided to them by PROMOS LLC AND ALL ITS AFFILIATES. PROMOS LLC AND ALL ITS AFFILIATES considers a wide variety of objective factors including the geography of the ticket, the availability of local attorneys, and many others to calculate the amount of the marketing fee.
All payments are processed by a third-party payment processor, Stripe or other.
PROMOS LLC AND ALL ITS Affiliates’ attorneys offer payment plans for certain services. A management fee is assessed for the administration of payment plans.
All fees are listed on the checkout page at the time you book your case with any given attorney on the PROMOS LLC AND ALL ITS AFFILIATES platform.
MONEY BACK GUARANTEE AND PARTIAL REFUNDS
Our partner attorneys have agreed to offer you a full or partial refund in the event of an unfavorable legal outcome. We will indicate if the relevant attorney has agreed to offer the money back guarantee when you are booking a case. The money back guarantee only applies to non-criminal traffic tickets.
Per the terms of the money back guarantee which we’ve negotiated with our attorneys, you will not receive a refund if:
Your ticket is dismissed, amended to a non-moving violation, or deferred.
You received the ticket in a state that has a point system and the points associated with your ticket are reduced.
The attorney negotiates a deal for you that was not previously available.
You can keep the ticket off of your record by taking traffic school or a defensive driving course; or
Your fine is reduced by an amount that is greater than, or equal to, the legal fee that you paid.
You will receive a partial refund if you are found to have committed the infraction but you receive a fine reduction. Our policy with partial refunds is to make you no worse off economically than if you had paid the fee outright. These will come directly from the attorney you have selected.
The money back guarantee is based on the state in which you receive a ticket. Without regard to any consequences in the state in which you are a licensed driver, if an attorney achieves an outcome that meets the terms of the money back guarantee in the state in which the ticket was issued, our attorneys will provide a refund typically.
Our partner attorneys do not offer the money back guarantee in every area and they do not offer it where it is prohibited by law.
UNPAID BALANCE OWED TO PROMOS LLC AND ALL ITS AFFILIATES, COLLECTIONS
You understand if you have an unpaid balance to any attorney on PROMOS LLC AND ALL ITS AFFILIATES for any reason and do not make satisfactory payment arrangements, attorneys have agreed that your account may be placed with an external collection agency. You will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.
In order for PROMOS LLC AND ALL ITS Affiliates’ attorneys or their designated external collection agency to service your account, and where not prohibited by applicable law, you agree that PROMOS LLC AND ALL ITS AFFILIATES and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charges to you, (ii) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.
If you ask us to review your case, you consent to PROMOS LLC AND ALL ITS AFFILIATES accessing your in-platform communications with your attorney on PROMOS LLC AND ALL ITS AFFILIATES. This consent may, depending upon the legal jurisdiction in which you live, waive your attorney-client privilege.
You may download software as part of your use of the PROMOS LLC AND ALL ITS AFFILIATES Services (the “Software”). So long as you comply with these Terms PROMOS LLC AND ALL ITS AFFILIATES grants to you a limited, non-exclusive, non-transferable, revocable license to use the Software solely to access and use the PROMOS LLC AND ALL ITS AFFILIATES Services. Except to the extent that such limitation is prohibited by law you will not reverse engineer or decompile, attempt to reverse engineer or decompile, or assist anyone to reverse engineer or decompile the Software.
PROMOS LLC AND ALL ITS AFFILIATES provides the Software and the PROMOS LLC AND ALL ITS AFFILIATES Services “as is” and PROMOS LLC AND ALL ITS AFFILIATES makes no warranties of any kind, express or implied, about the Software and the PROMOS LLC AND ALL ITS AFFILIATES Services. PROMOS LLC AND ALL ITS AFFILIATES disclaims all warranties, including warranties of non-infringement and title, merchantability, and fitness for a particular purpose. In addition, PROMOS LLC AND ALL ITS AFFILIATES makes no guarantees or promises regarding uptime, accessibility, or that the PROMOS LLC AND ALL ITS AFFILIATES properties will remain updated, complete, correct, or secure.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT WILL PROMOS LLC AND ALL ITS AFFILIATES OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, HOWEVER THEY MAY BE INCURRED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS, THE PROMOS LLC AND ALL ITS AFFILIATES SERVICES OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF ANY LEGAL MATTER.
TO THE FULLEST EXTENT UNDER APPLICABLE LAW THE TOTAL LIABILITY OF PROMOS LLC AND ALL ITS AFFILIATES OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PROMOS LLC AND ALL ITS AFFILIATES SERVICES OR THE SOFTWARE WILL BE LIMITED TO THE LESSER OF $100 OR THE TOTAL AMOUNT YOU PAID TO PROMOS LLC AND ALL ITS AFFILIATES TO USE THE PROMOS LLC AND ALL ITS AFFILIATES SERVICES AND SOFTWARE DURING THE COURSE OF THE LAST 12 MONTHS PRECEDING THE FILING OF SUCH CLAIM.
To the fullest extent under applicable law, you agree to defend, indemnify, and hold PROMOS LLC AND ALL ITS AFFILIATES harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your use of the PROMOS LLC AND ALL ITS AFFILIATES Services or your violation of these Terms.
These Terms shall be governed by the laws of the State of Washington.
If you have a dispute with PROMOS LLC AND ALL ITS AFFILIATES, you and PROMOS LLC AND ALL ITS AFFILIATES agree to mandatory arbitration administered on a confidential basis by JAMS, a nationally recognized arbitration authority, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and not to sue in court in front of a judge or jury. The arbitrator shall have exclusive authority to resolve all disputes arising out of these Terms. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.
You and PROMOS LLC AND ALL ITS AFFILIATES agree that arbitration will be conducted in your individual capacities only and not as a class or representative action. You and PROMOS LLC AND ALL ITS AFFILIATES each waive your respective right to file class action. If any court or arbitrator determines that the waiver set forth in this paragraph is unenforceable then this paragraph shall be deemed void and the parties shall be deemed not to have agreed to arbitrate disputes.
This section does not apply to small claims court actions filed in Nevada and Wyoming.
This section does not prohibit PROMOS LLC AND ALL ITS AFFILIATES from bringing a cause of action in any court of competent jurisdiction for injunctive relief to stop any unauthorized use, abuse, or infringement of the PROMOS LLC AND ALL ITS AFFILIATES Services. In such a case, PROMOS LLC AND ALL ITS AFFILIATES may seek injunctive relief without engaging in the arbitration process described in these Terms.
To the extent that the terms of Section 16 do not apply the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in King County, Washington. The parties expressly consent to exclusive jurisdiction in King Country, Washington.
These Terms constitute the entire agreement between you and PROMOS LLC AND ALL ITS AFFILIATES with respect to the subject matter of these Terms. These Terms supersede any previous terms, understanding and agreement between you and PROMOS LLC AND ALL ITS AFFILIATES.
WAIVER, SEVERABILITY, AND ASSIGNMENT
PROMOS LLC AND ALL ITS Affiliates’ failure to enforce any of these Terms does not constitute a waiver of its right to do so. If any of these Terms is found to be unenforceable, the remainder of these Terms will remain in full effect and the unenforceable term will be substituted to reflect your and PROMOS LLC AND ALL ITS Affiliates’ intent as closely as possible. You may not assign any right under these Terms and any attempt to do so will be void. PROMOS LLC AND ALL ITS AFFILIATES may assign its rights to any subsidiary or affiliate, or any successor interest of any business associated with the Services.