These Terms of Service govern the use of the community platform offered by Run the Call Inc. (“Run the Call”) at Run the Call’s website (runthecall.com the “Site”) or mobile applications. The platform services provided by Run the Call, the Site and mobile applications together are hereinafter collectively referred to as the “Run the Call Platform.”
Run the Call is not a law firm or a referral service. Run the Call is a software as a service (SaaS) platform that connects attorneys seeking court coverage with attorneys looking to cover court calls. Run the Call makes no representations or endorsements of attorneys registered with the system accessible through the job board, nor does Run the Call interfere, direct, or otherwise supervise the interaction between attorneys seeking coverage and attorneys responding to them. Any attorney with an active bar license may register with Run the Call. Attorneys do not pay or share any fees to use Run the Call. NOTHING ON THIS SITE SHALL BE CONSTRUED AS LEGAL ADVICE FROM RUN THE CALL. RUN THE CALL IS NOT AUTHORIZED TO PROVIDE LEGAL ADVICE.
To confirm and activate your account as a law firm, business entity, or attorney you will be asked to agree to a registered user Terms of Service governing the terms and use of the platform available to registered users. The registered user agreement will be stored and accessible to you in your account profile.
To use this service, you represent and warrant that:
- You are an attorney admitted to practice in good standing with your respective bar or a legal professional in good standing wishing to use this service to find contract-based work in accordance with this User Agreement.
- You are presently insured under, and agree at all times to maintain in affect, a legal malpractice insurance policy in an amount equal to or exceeding $100,000.00 per occurrence/$300,000.00 aggregate per policy year, with a deductible not to exceed $5,000.00 per occurrence except as the Board of Trustees may agree otherwise in advance. A certificate of insurance evidencing such coverage is attached hereto. The insurer has been notified to provide the Administrator with not less than thirty (30) days prior notice of termination of coverage. You agree to provide additional proof of coverage on a periodic basis upon request.
- Neither you nor the firm is subject to any legal disciplinary proceedings, except as specifically disclosed in the attachment affixed hereto.
- Neither you nor the firm are defendants in any legal actions alleging legal malpractice, except as specifically disclosed in the attachment affixed hereto.
- You and the firm agree to notify the Administrator within ten (10) days of the commencement of any legal disciplinary board proceedings or legal actions alleging legal malpractice, which involve me or the firm.
- That during the five years preceding the date hereof, neither you nor any firm with which I was or am associated was sanctioned by legal disciplinary boards or court disciplinary rulings, including formal and informal reprimands, except as specifically disclosed in the attachment affixed hereto.
- During the five years preceding the date hereof, neither you nor any firm with which you were or are associated was the subject of legal actions in which you or the firm were adjudged guilty of or liable for legal malpractice, except as specifically disclosed in the attachment affixed hereto.
- A law firm, legal department, or business entity that wishes to retain legal professionals on a contract basis through Run the Call unless additional permissions are granted by Run the Call.
And you represent and warrant that you will:
- Provide your full legal name, a valid email address, your valid attorney identification information where applicable and any other information requested to complete the sign-up process accurately.
- Accurately report any disciplinary action.
- Use only use a single username and password (“login”). You cannot share an account.
- Keep your password secure—Run the Call cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- Notify Run the Call immediately if you suspect any security breaches to your account or the Run the Call system.
- Be responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Service account.
- Read, understand, agree to and abide by all parts of this User Agreement.
- Perform obligations as specified by this agreement and agreements that you enter into through this website when not in conflict with this user agreement or prohibited by law.
- Represent and warrant that your User Content and Run the Call’s use thereof in the context of this agreement and the Site will not infringe upon the Intellectual Property Rights, Privacy Rights or Publicity rights of any third party.
- Represent and warrant that you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
While using this service you represent and warrant that you MAY NOT:
- Register and explore the software service for the purpose of reproducing, replicating, or otherwise copying the software service and business model. Legal actions and damages will be pursued for violations of this term.
- Be an attorney disbarred for disciplinary action.
- Upload, post, host or transmit unsolicited e-mail, SMS, Instant Messenger, Twitter or other “spam” messages.
- Be a recruiter, including attorneys working in the businesses of staffing employees, or otherwise a third party to the retaining or hiring of attorneys unless expressly permitted by Run the Call.
- Transmit worms or viruses or any other code of a destructive nature.
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without the express written permission by Run the Call.
- Use this service for any illegal or unauthorized purpose.
- Run the Call reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.
1. Run the Call Platform Connects Runners and Clients
The Run the Call Platform is a web-based communications platform which enables the connection between Clients and Runners. “Clients” are individuals and/or businesses seeking to obtain Court Coverage services (“Court Coverages”) from Runners and are therefore clients of Runners, and “Runners” are individuals and/or businesses seeking to perform Court Coverages for Clients. Clients and Runners together are hereinafter referred to as “Users.” If you agree on the terms of a Court Coverage with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
RUN THE CALL DOES NOT COVER CALLS OR PERFORM ANY KIND OF LEGAL SERVICES. RUN THE CALL DOES NOT EMPLOY INDIVIDUALS TO PERFORM COURT COVERAGES. RUN THE CALL DOES NOT SUPERVISE, DIRECT OR CONTROL A RUNNER’S WORK OR THE COURT COVERAGES IN ANY MANNER, WHICH RUNNER HEREBY ACKNOWLEDGES.
The Run the Call Platform only enables connections between Users for the fulfillment of Court Coverages. Run the Call is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Court Coverages, Runners, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Run the Call makes no representations about the suitability, reliability, timeliness, or accuracy of the Court Coverages requested and services provided by Users identified through the Run the Call Platform whether in public, private, or offline interactions.
2. User Vetting
Users may be subject to an extensive vetting process before they can register for and during their use of the Run the Call Platform, including but not limited to a verification of identity at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Run the Call to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.
Although Run the Call may perform background checks of Users, as outlined above, Run the Call cannot confirm that each User is who they claim to be and therefore, Run the Call cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Run the Call Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER RUN THE CALL NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE RUN THE CALL PLATFORM AND YOU HEREBY RELEASE RUN THE CALL AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. RUN THE CALL AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE RUN THE CALL PLATFORM.
3. Your use of the services
To use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). To confirm and activate your account as a law firm, business entity, or lawyer you will be asked to agree to a registered user Terms of Service governing the terms and use of the software as a service available to registered users.
You must be a licensed, insured attorney to obtain an Account. Account registration requires you to submit to Run the Call certain personal information, such as your name, ARDC number, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Run the Call’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Run the Call in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is available for use by persons who are licensed insured attorneys. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
4. Contract between Attorneys seeking coverage and Runners
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree to the terms of a Court Coverage with another User. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the Run the Call Platform, and any other contractual terms accepted by both the Client and the Runner to the extent such terms do not conflict with the terms in this Section and do not expand Run the Call’s obligations or restrict Run the Call’s rights under this Agreement. You agree that Run the Call is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Run the Call and the Runner.
Before any Court Coverage services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Runner, the Runner shall require any such individuals to become registered Runners on the Run the Call Platform UNDER Run the Call policies as described on the Run the Call Platform. The Runner assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Runner and all persons engaged by the Runner in the performance of the Court Coverage services.
The Client shall pay for completed Court Coverage services through the PSP (as defined below) as indicated on the Run the Call Platform at the rates agreed to in the engagement terms. Each party agrees to comply with the Run the Call Best Practices Guide during the engagement, performance and completion of a Court Coverage. Both parties agree to notify Run the Call of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Run the Call representatives for at least thirty (30) days before initiating any proceeding between the parties.
5. Billing and Payment
Users of the Run the Call Platform contract for Court Coverages directly with other Users. Run the Call will not be a party to any contracts for Court Coverages or services. Payment for Court Coverage services through the Run the Call Platform is made directly from the Client to the Runner and not by Run the Call.
Users of the Run the Call Platform will be required to provide their credit card or bank account details to Run the Call and the Payment Service Provider retained by Run the Call (the “PSP”). Attorneys seeking coverage will be responsible for paying the invoice for each Court Coverage (the “Invoice”), which will include (i) the pricing terms of the Court Coverage agreed with and provided by a Runner (“Court Coverage Payment”), (ii) any out of pocket expenses agreed with and submitted by a Runner in connection with the Court Coverage, (iii) any tip or gratuity, if applicable, (iv) the service charge Run the Call assesses for the Run the Call Platform, variable based on the Court Coverage Payment amount, and (v) the platform fee.
When Client receives confirmation through the Run the Call Platform or via email that a Court Coverage has been completed, Client automatically authorizes Run the Call to provide Client’s payment details to the PSP for processing of Court Coverage Payment, out of pocket expenses owed to Runner, and the service charge and platform fees owed to Run the Call for the use of the Run the Call Platform. You may be charged a cancellation fee through the PSP if you book a Court Coverage, but cancel it before it is completed, as set forth in the Court Coverage pricing terms.
Run the Call reserves the right, in its sole discretion (but not the obligation), upon request from Client or Runner or upon notice of any potential fraud, unauthorized charges or other misuse of the Run the Call Platform, to (i) place on hold any Court Coverage Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Users of the Run the Call Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Court Coverage services provided under the Agreement (other than taxes on Run the Call’s income).
The Run the Call Platform is only a venue for connecting Users. Because Run the Call is not involved in the actual contact between Users or in the completion of the Court Coverage, in the event that you have a dispute with one or more Users, you release Run the Call and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
RUN THE CALL EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS RUN THE CALL PLATFORM. Run the Call’s sole liability with respect to disputes between Users.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Acceptable Use
The Run the Call Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the Run the Call Platform, you may not share your personal contact information with other Users.
Without limitation, while using the Run the Call Platform, you may not:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Run the Call staff, or use information learned from the Run the Call Platform or during the performance of Court Coverages to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other User or Run the Call staff outside of the Run the Call Platform.
b) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
c) Use the Run the Call Platform for any purpose, including, but not limited to posting or completing a Court Coverage, in violation of local, state, national, or international law.
d) Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
e) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
f) Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
g) Advertise or offer to sell any goods or services for any commercial purpose through the Run the Call Platform which are not relevant to the Court Coverage services offered through the Run the Call Platform.
i) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j) Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
k) Post the same Court Coverage repeatedly (“Spamming”).
l) Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Run the Call Platform.
m) Restrict or inhibit any other User from using and enjoying the Public Areas.
n) Imply or state that any statements you make are endorsed by Run the Call, without the prior written consent of Run the Call.
o) Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Run the Call Platform in any manner.
p) Hack or interfere with the Run the Call Platform, its servers or any connected networks.
q) Adapt, alter, license, sublicense or translate the Run the Call Platform for your own personal or commercial use.
r) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Run the Call.
s) Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
t) Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
u) Use the Run the Call Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Run the Call Platform as set forth herein.
v) Use the Run the Call Platform to collect usernames and or/email addresses of Users by electronic or other means.
w) Use the Run the Call Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Run the Call’s trade secret information for public disclosure or other purposes.
x) Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
y) Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.
z) Cause any third party or entity to engage in the restricted activities above.
a) You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Run the Call will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
8. Termination and Suspension
Run the Call may terminate or suspend your right to use the Run the Call Platform in the event that we believe that you have breached this Agreement (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.
If Run the Call terminates or suspends your right to use the Run the Call Platform as a Client for a User Breach, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Run the Call reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Run the Call Platform is terminated or suspended, this Agreement will remain enforceable against you.
Run the Call reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Run the Call Platform at its sole discretion. Except for refundable fees you have advanced to Run the Call (if any), Run the Call is not liable to you for any modification or discontinuance of all or any portion of the Run the Call Platform. Notwithstanding anything to contrary in this Section 8, Run the Call has the right to restrict anyone from completing registration as a Runner if Run the Call believes such person may threaten the safety and integrity of the Run the Call Platform, or if, in Run the Call’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Run the Call Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
- Account, Password, Security and Mobile Phone Use
You must register with Run the Call and create an account to use the Run the Call Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Run the Call for accessing the Run the Call Platform. You are solely and fully responsible for all activities that occur under your password or account. Run the Call has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Run the Call immediately.
By providing your mobile phone number and using the Run the Call Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts to perform and improve upon the Run the Call Platform. Run the Call will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or Run the Call’s mobile application, or by emailing [email protected].
- Your Information and Likeness
“Your Information” is defined as any information and materials you provide to Run the Call or other Users in connection with your registration for and use of the Run the Call Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”
You hereby represent and warrant to Run the Call that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Run the Call or cause Run the Call to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Run the Call Platform hosts User Generated Content relating to reviews and ratings of specific Runners (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Run the Call, has not been verified or approved by Run the Call and each Client should undertake their own research to be satisfied that a specific Runner is the right person for a Court Coverage. You agree that Run the Call is not liable for any Feedback or other User Generated Content. Run the Call encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Run the Call does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Run the Call do so.
You hereby grant Run the Call a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known to perform and improve upon the Run the Call Platform.
Each Runner who provides to Run the Call any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Run the Call Platform, hereby irrevocably grants to Run the Call the non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, unrestricted, and perpetual right to:
Use any videotape, film, record or photograph that such Runner provides to Run the Call, and use, reproduce, modify, or creative derivatives of such Runner picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Runner in connection with the Run the Call Platform.
Reproduce in all media any recordings of such Runner’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Run the Call Platform. Use, and permit to be used, such Runner’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Run the Call Platform in any media.
Use, and permit to be used, such Runner’s name and identity in connection with the Run the Call Platform.
Each Runner hereby waives all rights and releases Run the Call from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Runner’s identity, likeness or voice in connection with the Run the Call Platform.
Each Runner acknowledges that Run the Call shall not owe any financial or other remuneration for using the recordings provided hereunder by such Runner, either for initial or subsequent transmission or playback, and further acknowledges that Run the Call is not responsible for any expense or liability incurred as a result of such Runner’s recordings or participation in any recordings, including any loss of such recording data.
11. Links to Other Websites
The Run the Call Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Run the Call of those sites or their content. They are provided as an information service, for reference and convenience only. Run the Call does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the Run the Call Platform to such websites (including without limitation external websites that are framed by the Run the Call Platform as well as any advertisements displayed in connection therewith) does not mean that Run the Call endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
As part of the functionality of the Run the Call Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Run the Call Platform; or (ii) allowing Run the Call to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Run the Call and/or grant Run the Call access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Run the Call to pay any fees or making Run the Call subject to any usage limitations imposed by such third party service providers. By granting Run the Call access to any Third Party Accounts, you understand that (i) Run the Call may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Run the Call Platform via your account, including without limitation any friend lists, and (ii) Run the Call may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Run the Call Platform. Please note that if a Third Party Account or associated service becomes unavailable or Run the Call’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Run the Call Platform. You will have the ability to disable the connection between your account on the Run the Call Platform and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Run the Call makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Run the Call is not responsible for any SNS Content. You acknowledge and agree that Run the Call may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Run the Call Platform. At your request made via e-mail to [email protected], Run the Call will deactivate the connection between the Run the Call Platform and your Third Party Account and delete any information stored on Run the Call’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
12. Worker Classification and Withholdings
AS SET FORTH IN SECTION ABOVE, RUN THE CALL DOES NOT PERFORM COURT COVERAGES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM COURT COVERAGES. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Run the Call. Each User acknowledges that Run the Call does not, in any way, supervise, direct, or control a Runner’s work or Court Coverages performed in any manner. Run the Call does not set a Runner’s work hours or location of work. Run the Call will not provide any equipment, labor or materials needed for a particular Court Coverage. Run the Call does not provide any supervision to Users.
The Run the Call Platform is not an employment service and Run the Call is not an employer of any User. As such, Run the Call is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Users’ Court Coverage services.
You agree to indemnify, hold harmless and defend Run the Call from any and all claims that a Runner was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Runner was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Run the Call was an employer or joint employer of a Runner, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
13. Attorney Contractors Confidentiality
The attorney contractor understands and agrees that in the course of providing legal representation for the Run the Call’s Client Contracting Law Firms and their Clients, attorney contractor will have access to certain information about the Client Contracting Law Firms and their Clients and the Client
s customers which is confidential in nature. This confidential information includes but is not limited to loan level data, trade secrets, business process information, the non-public financial information of Clients customers, and any information provided by third party vendors or licensors which have made confidential or proprietary information available to the Client Contracting Law Firm. The attorney contractor, on behalf of the attorney and the attorney
Upon the conclusion of each engagement with the Run the Call, Independent Contracting Attorney shall return to the Client Contracting Law Firm all of the confidential information transmitted under these Terms and shall not retain any copies thereof unless authorized in writing by Client Contracting Law Firm. In addition, attorney shall destroy any confidential information in such a manner that is compliant with the Gramm-Leach-Bliley Act and National Association of Information Destruction.
14. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Run the Call Platform is owned by Run the Call, excluding User Generated Content that Run the Call has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Run the Call owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Run the Call Platform without Run the Call’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Run the Call and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Run the Call, including without limitation Run the Call and Run the Call logos are service marks owned by Run the Call. Any other trademarks, service marks, logos and/or trade names appearing via the Run the Call Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Copyright Infringement
Please visit our copyright infringement page.
16. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Run the Call and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Run the Call in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Run the Call upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Run the Call’s trade secrets, confidential and proprietary information and all other information and data of Run the Call that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Run the Call’s business, operations and properties, including information about Run the Call’s Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE RUN THE CALL PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUN THE CALL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE RUN THE CALL PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE RUN THE CALL PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE RUN THE CALL PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. RUN THE CALL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RUN THE CALL PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND RUN THE CALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER RUN THE CALL NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE RUN THE CALL PLATFORM WILL BE UNINTERRUPTED OR THAT THE RUN THE CALL PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RUN THE CALL PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY COURT COVERAGE OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE RUN THE CALL PLATFORM.
NEITHER RUN THE CALL NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER RUN THE CALL NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE RUN THE CALL PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
RUN THE CALL AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE RUN THE CALL SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE COURT COVERAGE AND SELECTING THEIR RUNNER AND RUN THE CALL DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR RUNNER. RUN THE CALL DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY RUNNER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
18. No Liability
YOU ACKNOWLEDGE AND AGREE THAT RUN THE CALL IS ONLY WILLING TO PROVIDE THE RUN THE CALL PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD RUN THE CALL, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE RUN THE CALL PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY RUN THE CALL OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL RUN THE CALL, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE RUN THE CALL PLATFORM OR THE COURT COVERAGE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RUN THE CALL DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE RUN THE CALL PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT RUN THE CALL OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO RUN THE CALL DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Run the Call, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Run the Call Platform, or (ii) any content submitted by you or using your account to the Run the Call Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Run the Call reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Run the Call.
20. Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Run the Call agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Run the Call. Run the Call’s address for such notices is Run the Call, Inc., Attn. Legal 360 W. Hubbard Street, 1404 Chicago, Illinois 60654.
BINDING ARBITRATION. If you and Run the Call are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Run the Call Platform (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, Run the Call will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Run the Call may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Claims where mandatory arbitration is prohibited by a valid, non-preempted law, including claims under the Private Attorneys General Act of 2004, California Labor Code § 2698 et seq. (“PAGA”) to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Cook County, Illinois with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Run the Call agree that any arbitration will be limited to the Dispute between Run the Call and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND RUN THE CALL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Run the Call otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
LOCATION OF ARBITRATION. Arbitration will take place in Chicago, Illinois. You and Run the Call agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Illinois state and Federal courts located in Chicago, Illinois have exclusive jurisdiction and you and Run the Call agree to submit to the personal jurisdiction of such courts.
RIGHT TO OPT OUT OF ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying Run the Call in writing within 30 days of the date you first registered for the Run the Call Platform or 30 days from the date this Agreement was last updated. To opt out, you must send a written notification to Run the Call at Run the Call, Inc., Attn. Legal 360 W. Hubbard Street, 1404 Chicago, Illinois 60654, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
21. Governing Law
You and Run the Call agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 20 above, if any portion of Section 20 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the Agreement will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 20 is found to be illegal or unenforceable, neither you nor Run the Call will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Cook County, Illinois, and you and Run the Call agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 20 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1–16).
22. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
23. General Provisions
a) Failure by Run the Call to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right.
b) This Agreement constitutes the entire agreement between you and Run the Call with respect to its subject matter.
c) If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
d) This Agreement may not be assigned or transferred by you without our prior written approval.
e) We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void.
f) This Agreement will inure to the benefit of Run the Call, its successors and assigns.
g) These Terms are governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
24. Changes to this Agreement and the Run the Call Platform
SECURITY NOTICE:This communication (including all Run the Call document(s) is for the sole use of the intended recipient and may contain confidential information. Unauthorized use, distribution, disclosure or any action taken or omitted to be taken in reliance on this communication is prohibited, and may be unlawful. If you are not the intended recipient, please notify the sender by telephone and destroy electronic and hard copies of this facsimile. By inadvertent disclosure of this communication, Run the Call does not waive confidentiality privilege with respect hereto.