Last updated and effective date: January 31, 2025

Please read these Terms of Service (“Agreement” or “Terms”) carefully. Your use or access of the Websites (as defined below) constitutes your consent to this Agreement. This Agreement is between you and Abogados Now LLC together with its subsidiaries and affiliates, (“Abogados Now”, “we”, “our” or “us”) and applies to your use of our websites and our digital marketing services (“Services”).

This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Services, posted by Abogados Now to our websites, or otherwise made available to you by Abogados Now.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

General Agreement

By using or subscribing to our Services, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement as well as our Privacy Policy. You also represent that you have the legal authority to accept these Terms on behalf of yourself and any party you represent in connection with your use of the Services. If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.

We may, in our sole and absolute discretion, without liability to you or any third-party, refuse to let you use of the Services. Such actions may be taken as a result of a number of factors, including without limitation legal/regulatory requirements or demand, our discretion, or your violation of the terms of this Agreement. We may also temporarily suspend your access to the Services if a technical problem so requires.

Minimum Advertising Fee

You acknowledge and agree that in order to facilitate and optimize the Services, we may engage, on behalf of you, third party media companies, including, without limitation, Google, Facebook/Meta, Instagram, YouTube, TikTok, Bing, Groundtruth and Hulu, for advertising your business and website. You hereby authorizes Abogados Now to engage such third party media companies on behalf of you. You agree to pay such third party and/or authorize Abogados Now to provide your payment information, including, without limitation, bank and/or credit card information, to such third party, a monthly fee as a “Minimum Advertising Fee” (the “Minimum Advertising Fee”), which will be automatically charged by the third party media companies pursuant to the policies of such third party media companies, which may change from time to time. You acknowledge and agree that (a) the amount of the Minimum Advertising Fee may be adjusted from time to time upon your request, in writing, to Abogados Now, (b) the method of billing and charging the Minimum Advertising Fee is under the sole control of the third party media companies engaged on behalf of Abogados Now pursuant to this Agreement, and (c) Abogados Now has no control whatsoever over such billing practices or the frequency in which such third party media companies bill you. You agree to indemnify, defend and hold Abogados Now harmless from and against any claims, liabilities, losses or actions resulting, in any manner whatsoever, from the Minimum Advertising Fee.

Interruption of Services for Non-Payment

Timely payment of all fees and other charges for the Services, set forth in this Agreement is critical to ensure provision of uninterrupted Services. In the event any amounts due hereunder, including, without limitation, the fees and other charges set forth in this Agreement and/or any delinquent payment, remain outstanding for twenty one (21) days or more, we may, in addition to any other remedies available to us at law or in equity, at our own discretion, without notice, unpublish, suspend, delete or otherwise shut down your website (“Site Shutdown”). You acknowledge and agree that we will not be liable for any damages resulting from such Site Shutdown. In the event of a Site Shutdown, if (a) your website has not been permanently shut down, (b) you pay, in full, all delinquent amounts, late charges, accrued interest and other amounts due and payable, and (c) any reasonable conditions required by Abogados Now are satisfied by you, upon written notice (by e-mail only) by you to us, we may, at our sole and absolute discretion, restore the your website. You further acknowledge and agree that failure to pay any invoices within seven (7) days will, at the our sole discretion, result in the suspension of all Services hereunder until we are in receipt of full payment of all owed amounts.

Payments Non-Refundable

You explicitly acknowledge and agree that all payments made pursuant to the terms of this Agreement are non-refundable even in the event that you cancels or terminate the Services. You explicitly acknowledge and agree that it will not file any chargebacks related to fees or payments.

Pre-Pay Discounts

If you elect to pay the subscription fees upfront for the entire subscription period, you will be entitled to a ten percent (10%) discount on the total subscription fees. To qualify for the pre-pay discount, you must make a single, lump-sum payment covering the entire subscription period on or before the commencement date of such period. This discount will be applied to the total amount due and reflected in the invoice provided to you. The upfront payment, as with any fees, is non-refundable.

Third-Party Services

Abogados Now may contract with third-parties, including those providing data analysis or other information related to the Services to provide certain data, information, insights, analysis, and articles that are made available through the Services, and may also provide links to third-party websites (or other online properties that are not owned or controlled by Abogados Now) or services that are not under the control of Abogados Now (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services. Abogados Now makes no representations about, and accept no liability for, any Third-Party Services. Abogados Now is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures.

Intellectual Property Rights

Our websites and their entire contents, features, and functionality (including but not limited to all Services, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Abogados Now, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Abogados Now grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Services solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the r Services available to you.

Abogados Now’s name and all related names, logos, product and service names, designs, and slogans (“Abogados Now branding”) are trademarks of Abogados Now, its associates, or licensors (collectively, “Associates”). You must not use any Abogados Now branding without the prior written permission of Abogados Now. All other names, logos, product and service names, designs, and slogans on our websites are the trademarks of their respective owners.

Indemnification and Release

Abogados Now and its Associates, subsidiaries, parents, affiliates, service providers, and each of their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the “Released Parties”), are not liable for any damages that may arise out of or in connection with your use of the Services. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of investments, business, or profits, business interruption costs, loss of goodwill or business profits, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Services or any of its functions and features (collectively, all of the foregoing items shall be referred to herein as “losses”). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses.

You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, or your violation of any law or regulation.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ABOGADOS NOW, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD OR INTENTIONAL MISREPRESENTATION.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER ABOGADOS NOW NOR ITS ASSOCIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ABOGADOS NOW NOR ITS ASSOCIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, ABOGADOS NOW AND ITS ASSOCIATES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE SERVICES, AND ABOGADOS NOW MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. ABOGADOS NOW PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ABOGADOS NOW EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE SERVICES.

ABOGADOS NOW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE SERVICES WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL, INCLUDING NUMBER OF LEADS OR REVENUE GENERATED. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ABOGADOS NOW MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABOGADOS NOW AND ITS ASSOCIATES ALSO DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Services may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with the Services. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.

Data Privacy

You acknowledge that Abogados Now may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement or use of the Services. You represent and warrant that any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that data is accurate at the time of disclosure. You further represent and warrant that before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy, to that individual.

All information we collect through use of our Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to your account and our Services. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.

Governing Law; Venue and Arbitration

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to the conflict of laws principles thereof. You agree to arbitrate any dispute arising from these Terms or your use of the Services. Arbitration prevents you from suing in court, litigating through a class action lawsuit, or from having a jury trial. You agree to notify each other in writing of any dispute within sixty days of when it arises.

In addition, you agree:

To make reasonable attempts for informal resolution prior to any demand for arbitration;
That any arbitration will occur in Los Angeles, California;
That any arbitration will be conducted confidentially by a single arbitrator, selected by the American Arbitration Association;
That selection of the arbitrator shall be made in accordance with the Rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding in all respects;
That arbitration proceedings initiated pursuant to this Agreement shall be conducted in accordance with the Rules of the American Arbitration Association;
That the arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim;
That the arbitrator has the authority to grant any remedy that would otherwise be available in court;
That the arbitrator shall decide what is subject to arbitration unless prohibited by law;
That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses; and
That the state and federal courts in Los Angeles, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration and agree not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.

Class Action Waiver

BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Termination and Suspension

These Terms are effective until terminated by us. Abogados Now, in its sole discretion, has the right to terminate your access to the Services, or any part thereof, immediately at any time. We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Services, or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third-party. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Abogados Now is not liable to you or any third-party for termination of your access to the Services, or any part thereof. If you object to any of the requirements, statements, or obligations of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you will cease all use of the Services.

Relationship of the Parties

You agree that no joint venture, partnership, employment or agency relationship exists between you and Abogados Now as a result of this Agreement or use of the Services.

Force Majeure

We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

Third-Party Disputes

ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE SERVICES IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE ABOGADOS NOW AND ITS ASSOCIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Assignments

This Agreement will inure to the benefit of our successors and assigns. Abogados Now may assign this Agreement, including all its rights hereunder, without restriction. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of Abogados Now.

Amendments

We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on our websites or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Services apply. Updated versions of the Agreement are binding on you with respect to your use of the Services on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Services. Your continued use of the Services after the date of the updated Agreement will constitute your acceptance of the updated Agreement.

Survival

The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive the termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.

Waiver and Conflict

No waiver of by Abogados Now of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Abogados Now to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Third-Party Rights

This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third-party beneficiary of this Agreement, and no other person shall assert any rights as a third-party beneficiary hereunder.

Questions & Comments

If you have any questions or comments about these Terms, please contact us at ___________.