Terms of Service

Don Bivens, PLLC, its subsidiaries and affiliated companies (the “Firm”, “we”, “our”, or “us”) welcomes you (the “user” or “you”) to our websites at https://bivens.plaintip.com/ , https://donbivens.com, or any additional websites owned and operated by Firm (the “Site”) and any services, features and content downloadable or accessible from the Site, as well as to any other Firm service otherwise accessed by you, whether through the Firm or third party websites or sources (all collectively referred to herein as the “Services”, as further detailed below).

Services provided in collaboration with Darrow AI Inc. (“Darrow”):  certain legal action compatibility and plaintiff screening services are provided by the Firm in collaboration with Darrow, a litigation consultancy and technology service provider that provides plaintiff-finding, client intake, claim compatibility analysis, and other litigation support services (the Firm and Darrow together – “us”, “we”, “our”), in which case these Terms of Service apply to the practices of the Firm and Darrow respectively.

These Firm Terms of Service (“Terms of Service”) are a binding agreement between you and us that governs your use of the Services.  

Please read these Terms of Service carefully before using the Site and Services.  Do not use the Site or Services if you do not agree to the Terms or if your jurisdiction will not honor them.

By entering, connecting to, accessing or using the Services, you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Policy (the “Privacy Notice”), which are incorporated into these Terms of Service by this reference. These Terms of Service and the Privacy Notice are referred to collectively as the “Terms.”  You agree to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Firm and us.

Additional services provided by us may also be subject to additional terms and conditions, as shall be provided in these Terms or separately in connection with such additional services. In such cases, such additional terms shall be considered as part of these Terms.

References to “you” mean the “user” individually, unless otherwise stated on the Site or in these Terms. Persons under 18 years of age are not authorized to use the Site.

You are responsible for violations of these Terms by anyone using the Site with your permission. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.

1. Limited License.

   The Site and Services may contain HTML, applications, messages, texts, files, images, photos, videos, sounds, software, code, scripts, logos, trademarks and service marks, data, designs, and FAQs and other content of the Firm or its licensors (“Content”). The Site, Services and Content are owned and/or licensed to the Firm, and are subject to copyright and other applicable intellectual property rights under applicable laws and international conventions and, whether registered or not, are protected by copyright, trademark, trade secret and other laws; as between you and the Firm, the Firm owns and retains all rights in the Site, Services and Content, and any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing.

   The Firm hereby grants to you a limited, revocable, non-sublicensable license to use the Site and the Services solely for your personal, non-commercial use, and subject to these Terms. Except as expressly permitted by the Firm, you shall not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content.

   Commercial reproduction or distribution of the Content’s copyrighted materials without permission is strictly forbidden.

2. License to use User Data

   In the course of using the Services, you may upload to the Services or otherwise provide to the Firm, including via Darrow, its third party consultants, client intake vendors or platforms, certain data (e.g., your user data) related to you, including data related to your potential legal claims. Such data uploaded or provided to the Firm is referred to herein as your “User Data.”

   By submitting information through the Services, including via Darrow platforms or client intake vendors, you authorize the Firm and Darrow to use and share such User Data for the purposes of evaluating your legal claim, determining eligibility for legal services, and, where appropriate, sharing such information with co-counsel for potential joint representation, or as otherwise specified under the Privacy Policy. Any such use will be conducted in accordance with applicable law, professional ethical duties, and subject to confidentiality obligations. We do not sell or share User Data for unrelated commercial purposes.

   You remain solely responsible for the accuracy of the User Data that you upload, provide, post, email, transmit, or otherwise disseminate using, or in connection with, your use of the Services, and you warrant to the Firm that you will provide truthful and accurate User Data and that you possess all rights necessary to provide such User Data to the Firm and to grant the rights to use such User Data as provided herein.

3. Trademarks

   The trademarks, logos and service marks, whether registered or not, displayed on the Site (“Marks”) are the property of the Firm or other third parties. You are not permitted to use these Marks without the prior written consent of the Firm or such third party.

4. The Services
   
   1. The Site offers information on potential violations of law that may have affected your legal rights. Our Services are designed to help connect individuals who may have been harmed by widespread or systemic legal violations across various areas of law with qualified legal professionals for potential legal evaluation and representation. Our Services provide users with a simple web-based and telephonic intake platform enabling them to view general information about potential Legal Actions (as defined below) or other representative litigation, and to participate in a brief telephonic or digital survey (“Survey”) to help assess their eligibility for participation in the such legal matters. For purposes of these Terms, a “Legal Action” includes any legal proceeding, arbitration, or lawsuit pursued on behalf of a group or aggregation of similarly situated individuals (a “Class”), including class actions, collective actions, mass arbitrations, and mass tort litigation.
   2. To use the Services and participate in the Survey to determine your Class eligibility, you must enter your details into the open fields presented on the Site (“Registration”).
   3. If you meet our preliminary qualifications for potential inclusion in a Class, we may contact you via the contact details you provided during your Registration.  
   4. No attorney-client relationship is formed unless and until you enter into a signed engagement agreement with the Firm or any affiliated co-counsel.
   5. PLEASE NOTE: The Firm integrates and collaborates with third party service providers and other Subcontractors (as defined below), including  third-party litigation consultants and client intake vendors, in order to provide its Services. These service providers and Subcontractors may use technology platforms to assist with client intake and engagement, including analyzing Survey response data into usable Class insights and Class eligibility and compatibility determinations. Your use of the Services indicates your consent for the use of such Subcontractor services by the Firm, as further detailed in Section (f) below and in accordance with our Privacy Notice.
   6. No Guarantees: we cannot guarantee your qualification for inclusion in a Class. Your participation in the screening process is made at your own choice.
   7. Not a Legal Advice or Attorney-Client Relationship: The Site provides information about potential lawsuits and settlements, and related legal topics. This content is for  information purposes only and does NOT constitute legal advice, nor should it be relied upon as a substitute for advice from a qualified attorney based on your individual circumstances. Submission of information through the Site or the Services or participation in any survey or intake process does not create an attorney-client relationship between you and the Firm or any affiliated law firm. Such a relationship is only formed through a formal engagement agreement signed by both you and an attorney. Although we endeavor to keep the information on the Site current and accurate, you should consult a licensed attorney of your choice if you require legal advice or representation specific to your situation.
   8. You acknowledge and agree that, in delivering the Services to you, the Firm may integrate and collaborate with trusted third-party service providers and other subcontractors (“Subcontractors”), including call centers, litigation consultants, technology vendors, and other professional service providers. These Subcontractors may assist with client intake and engagement processes, including by administering surveys, analyzing user responses, providing support communications, and helping the Firm assess Class eligibility and compatibility for potential legal matters. The Firm remains solely responsible for the Services provided to you, and any services performed by Subcontractors are carried out on behalf of and under the direction of the Firm. By using the Services, you expressly consent to the involvement of such Subcontractors for the purposes described herein and as further detailed in our Privacy Policy.

5. Eligibility
   
   1. You must be at least eighteen (18) years of age to use the Services. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least 18; (b) if the user of the Services is under the age of 18 or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User, you hereby confirm that you are the legal guardian of the user and both you and the user have read and agreed to these Terms and approved of the user’s continued use of the Service subject to these Terms; (c) that you have not previously been suspended or removed from the Services; and (d) that your use of the Services is in compliance with any and all applicable laws and regulations. Any use or access to the Services by anyone under the age of thirteen (13) is strictly prohibited and is in violation of these Terms.  
   2. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant to the Firm that you are an authorized representative, you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. References herein to the word “you” includes you and such entity, organization, or company.
      You further acknowledge and agree that the determination of your eligibility for Class membership or compatibility for inclusion in a Legal Action is made at the sole and exclusive discretion of the Firm.  

6. User Representations and Undertakings
   
   1. You represent and warrant at all times throughout your use of the Services and/or the Site that: (a) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under these Terms; (b) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Services; (c) your use of the Services has not been previously blocked, suspended or terminated; (d) you do not authorize a third party to do any of the foregoing; and (e) you will not infringe or violate any of these Terms.

7. Use Restrictions and your Responsibilities
   
   1. Your failure to comply with the provisions set forth below may result (at the Firm’s sole discretion) in the termination or suspension of your access to Services and may also expose you to civil and/or criminal liability.
   2. You may not, whether by yourself or anyone on your behalf: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; (b) re-identify any anonymized or statistical data provided by us or interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any users of the Services without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (c) modify, translate, or create derivative works based on the Services or any part thereof; (d) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party without the Firm’s express prior written consent; (e) remove any proprietary notices or labels from the Services; (f) circumvent any security control or access mechanism of the Services; (g) sell, license, or exploit for any non-personal or commercial purposes any use of or access to the Services and/or use the Services in connection with any products, services, or activities that compete with the Firm; (h) frame or mirror any part of this Site without the Firm’s prior express written authorization; (i) create a database by systematically downloading and storing Site or Services content; (j) interfere with or disrupt the operation of the Services, or the servers or networks that host the Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or (k) use the Services for any illegal, immoral or unauthorized purpose.
   3. Although we have no obligation to monitor your use of the Services, we may do so and may prohibit any use of the Services we reasonably believe may be in violation of the foregoing restrictions.

8. Communications with you
   
   1. By providing your contact information through the Site, you expressly consent to receive communications from the Firm, and Darrow, including communications from our authorized Subcontractors acting on our behalf, via telephone calls, text messages (including SMS and MMS), email, and other electronic means. These communications may include follow-up messages regarding your inquiry, surveys, eligibility screening, updates about potential legal matters, or other service-related outreach. You acknowledge and agree that such communications may be made using automated systems or prerecorded messages, and that message and data rates may apply depending on your service provider. Your consent applies even if your number is registered on any federal, state, or corporate do-not-call registry. Message frequency may vary. You may opt out of receiving non-essential communications at any time by following the unsubscribe instructions provided in the message or by contacting us directly. For more details on how we handle your information, please see our Privacy Policy.
   2. If you wish to unsubscribe from receiving marketing messages and notifications, follow the instructions detailed in your subscription message. Please be aware that the method for unsubscription may be different depending on the users’ geographic location. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your telecommunication provider.
   3. For any questions, please contact us at: contact@donbivens.com for more information.
   4. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

9. Third-Party Services

   Our Site may include links to, or integrations with, third-party websites, services, applications, or resources (“Third-Party Services”) that are not operated or controlled by the Firm. If you choose to interact with these Third-Party Services you are subject to the privacy policies and terms of use of those third parties. We are not responsible for the practices or content of Third-Party Services, and we encourage you to review their privacy policies before interacting with them.

10. Feedback

    In the event that you provide us with any suggestions, comments or other feedback relating to Site and/or the Services (collectively, “Feedback”), such Feedback is deemed our sole and exclusive property and you hereby irrevocably assign to us all rights, title and interest in and to all Feedback, if any, and waive any moral rights to it that you (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform us as soon as you become aware of any third party right or limitation which may apply to Feedback already provided.

11. Privacy Policy

    We will use any personal information that we may collect or obtain in connection with the Site and Services in accordance with our Privacy Policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

12. Indemnification

    You agree to indemnify, defend and hold us harmless, our affiliates and our respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site or breach of these Terms.  

13. Limitation of Liability

    We assume no responsibility for the accuracy of the information on the Site. We may change all Content, functionality and Services mentioned on the Site at any time without notice, in our sole discretion. Mention of non-Firm products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

    The Site and the Services’ availability and functionality depends on various factors, such as communication networks software, hardware, and the our service providers and contractors. We do not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, that they will be immune from unauthorized access, computer viruses, or other harmful components or will be error-free.

    We do not have a duty to update any Content, or represent that the Content is free from technical inaccuracies or typographical errors.  

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL THE FIRM AND DARROW, THEIR AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF GOODWILL, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE AND SERVICES.

    THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO THE FIRM OR DARROW FOR USE OF THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING ANY CAUSE GIVING RISE TO LIABILITY. IF YOU HAVE NOT MADE ANY PAYMENTS TO US FOR THE USE OF THE SERVICES, THEN WE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

14. Disclaimers

    POTENTIAL LEGAL ACTIONS WILL BE REFERRED TO THIRD PARTY ATTORNEYS AND LAW FIRMS. ANY LEGAL SERVICES ULTIMATELY PROVIDED IN CONNECTION WITH YOUR CLAIM MAY BE RENDERED BY THE FIRM ALONE OR IN CONJUNCTION WITH ONE OR MORE CO-COUNSEL LAW FIRMS, WITH YOUR INFORMED CONSENT. INITIAL SUBMISSION OF YOUR INFORMATION THROUGH THE SERVICES DOES NOT, BY ITSELF, FORM AN ATTORNEY-CLIENT RELATIONSHIP.

    NO REPRESENTATION IS MADE BY US THAT THE QUALITY OF SUCH LEGAL SERVICES TO BE PERFORMED IS GREATER THAN THE QUALITY OF LEGAL SERVICES PERFORMED BY OTHER LAWYERS. YOU ARE EXPRESSLY ADVISED TO CONSULT AN INDEPENDENT ATTORNEY BEFORE MAKING ANY LEGAL DECISION BASED ON OR REGARDING THE SERVICES.

    THE FIRM AND DARROW (AND ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS) INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, THE “FIRM AFFILIATES”) PROVIDE NO WARRANTIES AS TO THE PERFORMANCE, CORRECTNESS, FUNCTIONALITY OR SUITABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE. THE FIRM AND DARROW AND/OR ANY OF OUR  AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICES.

    OUR AFFILIATES EXPRESSLY DISCLAIM AND DO NOT GUARANTEE, WARRANT, OR PROVIDE ANY PREDICTION REGARDING YOUR ELIGIBILITY FOR INCLUSION IN A CLASS OR WITH RESPECT TO THE OUTCOME OF ANY LEGAL ACTION.

    THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY USARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR USE OR DOWNLOAD ON THE SITE, (ii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE, SERVICES AND THE CONTENT, OR ANY PART THEREOF, IS MADE SOLELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK AND RESPONSIBILITY.

15. Termination and Monitoring

    a. If you violate these Terms, we may suspend or terminate your use of the Site or Services. Our right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if we believe that suspension or termination is necessary to ensure compliance with applicable laws or to protect our rights, safety, privacy, security or property, of our customers or third parties.

    b. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Site.  

16. Modifications

    We may modify these Terms at any time by posting a revised version on the Site. By accessing the Site and Services, you agree to the latest version of these Terms. IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT, ANY SERVICES OR ASSISTANCE.

17. Governing Law

    Any claim relating to the Services or use of the Services will be governed by and interpreted in accordance with the laws of the State of Arizona, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services, including the Site, or any part thereof will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Maricopa County, Arizona.  

18. Miscellaneous

    In the event any information posted on the Site from time-to-time conflicts with any provision of these Terms, the applicable provision of these Terms shall prevail. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Firm. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without the Firm‘s express prior written consent. The Firm may assign, transfer or sublicense all or any of its rights or obligations under these Terms without restriction. The failure of the Firm to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by the Firm of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. The Firm will not be responsible for failures to fulfill any obligations due to causes beyond its control.

19. Contact

    Please contact the Firm at contact@donbivens.com with any questions regarding these Terms.