Hi there, we’re Off The Record, Inc. (“OTR,” “we,” “our”). We help connect people who need legal help with lawyers willing to provide such help. We also help lawyers organize and manage their law practices. We focus primarily on helping consumers find an attorney for traffic tickets and traffic misdemeanors, but may also assist consumers to find legal help with other types of cases. These terms (the “Terms”) govern your (“you,” “your”) use of our websites, mobile applications, and other services (the “OTR Services”).

1. USING THE OTR SERVICES

By accessing the website or using the OTR Services you agree to these Terms. If you do not agree to these Terms, please do not use the website or the OTR Services. You may only use the OTR Services if you are legally authorized to form a binding contract with OTR. You may not use the OTR Services if you are under the age of majority in your state. You may not use the services if you are under the age of 13.

2. ACCEPTABLE USES AND LIQUIDATED DAMAGES

Your use of the OTR Services must comply with the following Acceptable Uses (the “Acceptable Uses”):

OTR reserves the right to determine, in its sole discretion, your compliance with the Acceptable Uses.

In the event that OTR concludes you have not complied with the Acceptable Uses, OTR has the right, at its sole discretion, to suspend or terminate your use of the OTR Services, with or without prior notice. In addition, any violation of the Acceptable Uses in specific or these Terms in general will subject the violator to liquidated damages in the amount of $20,000 per impermissible use.

3. MODIFICATIONS

We reserve the right to change these Terms at any time. Your continued use of the OTR Services indicates your acceptance of the revised Terms. In the event of changes to these terms we will revise the “Last Updated” date listed on these Terms.

4. OTR AND LEGAL SERVICES

OTR is not a law firm, does not offer legal advice, and does not dispense legal advice. The OTR Services are not legal advice and you should not consider them to be legal advice. All legal matters submitted to OTR are handled by independent licensed attorneys who are not employees or agents of OTR. Any use of OTR Services is not intended to, and does not, create an attorney-client privilege between you and OTR. Any communication via OTR may not be held confidential. OTR cannot be held liable for the actions, omissions, quality or accuracy of legal services provided by attorneys. While OTR uses commercially reasonable efforts to confirm that attorneys are licensed and qualified, we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any individual attorney.

In addition to agreeing to adhere to these terms and the OTR Attorney Terms and Conditions, Attorneys on OTR may offer an engagement agreement as a condition of their working with you. The terms of that agreement apply to their representation of you and they supersede these terms.

5. TIMING, ATTORNEY SELECTION, AND THE OTR SMARTMATCH ALGORITHM

You have not engaged an attorney on OTR until that attorney has formally accepted your request to engage them. While we ask attorneys that utilize OTR to accept, decline, or counter within one business day of receiving your request to book with them they do not always meet this expectation. If we suggest an attorney to you and there are less than three business days before a court date or another impending relevant date, neither OTR nor any attorney who participates on the OTR platform is responsible if your case is not accepted and addressed in a timely fashion.

When you submit your case information to OTR our algorithm suggests an independent attorney licensed in the appropriate jurisdiction to handle your matter. Our algorithm uses a variety of objective, quantifiable factors (e.g. the attorney’s good standing with the licensing authority, their fees, their experience and expressed willingness to work in a certain court, their success rate with other OTR drivers who have connected with the attorney on OTR, their customer service reviews and ratings, etc.) in order to determine which attorney to suggest to you. This selection process does not involve any evaluative judgment. While we believe that the objective factors that we use in order to identify an attorney can help you find an experienced lawyer, this does not mean the suggested lawyer is the “best” or “right” lawyer for your needs.

If you would like us to provide you with a random lawyer, without any consideration to any objective, quantifiable factors such as a given lawyer’s expertise with traffic matters or experience in a given court, please contact us at hello@offtherecord.com and we will suggest an attorney for you.

You may also request to be connected to a specific participating attorney. We will honor your request as long as the attorney is available and willing to take on your case.

OTR does not currently have participating attorneys in every jurisdiction. If we do not have any participating attorneys in the jurisdiction where your legal matter occurred, we will not be able to suggest an attorney for you.

In some cases, the attorney whom we suggest may decline the case or counter-offer with modified terms (i.e. a higher fee, a modified money back guarantee, etc.). In the event a suggested attorney declines your case we will attempt to suggest to you an equivalent attorney with an equivalent fee and equivalent terms, but we cannot guarantee the same fee or the same terms. In the event that we suggest an equivalent attorney or an attorney who has different terms or a different profile we will request your approval. If you choose not to move forward, we will cancel your case and work with the attorney to issue you a full refund of the fee paid.

Similarly, in the event of an attorney counter-offer, you may elect to work with the attorney who was originally suggested to you under the terms of the counter-offer (i.e. higher fee and/or modified terms) or elect to find an attorney via other means.

When engaging an attorney through OTR, it is your responsibility to provide accurate and complete information. This includes, but is not limited to, an accurate representation of your legal matter, an accurate representation or your driving and/or criminal record, and accurate contact information.

6. CANCELLATIONS

You may cancel your case on OTR at any time. Attorneys that we work with have agreed to provide a refund in accordance with the following terms:

For standard traffic infractions, you will only receive a refund for your case if you cancel your case less than one business day after you have formally booked a case on OTR.

For more serious matters, such as driving under the influence (“DUI”), driving while intoxicated (“DWI”), driving on a suspended license, or hit and run, you will only receive a refund for your case if you cancel your case less than one business day after your initial consultation with the attorney with whom OTR has connected you.

Beyond the cancellation window referenced above, if (1) you resolve the matter yourself, or (2) the matter is resolved via other means, you will not receive a refund.

7. FEES

When you book a case with OTR, you provide your payment information to us on the OTR platform. Your legal fee is paid directly to the attorney who works on your case, not to OTR. OTR also charges a booking and services fee (currently $10 but this is subject to change) when you book a case. This fee allows us to support you and your attorney while your case is in progress. Aside from 5-star customer and attorney support, the fee provides us with the resources to take on efforts such as identifying quality lawyers to join the OTR platform, enhancing the OTR platform to reflect the most up-to-date changes in traffic and criminal law, incorporating changes in courts and court processes, growing our lawyer directory, and building and maintaining our technology platform. You will not have to pay any additional fees to either your lawyer or Off The Record. This fee is paid when an attorney accepts your case. Your fee will be quoted to you at the time of booking your case. The cost to handle more serious traffic offenses, including but not limited to misdemeanors, DUIs, and other similar infractions and violations may exceed the initially quoted fee. In such a case, OTR will inform you of the attorney’s higher fee and you will have the options described in the event of an attorney counter-offer in Section 5 above.

Attorneys pay OTR a flat marketing and usage fee for use of the OTR platform. OTR considers a wide variety of objective factors including the geography of the ticket, the availability of local attorneys, and many others to calculate the flat fee.

All payments are processed by a third-party payment processor, Stripe.

OTR’s attorneys offer payment plans for certain services. A management fee is assessed for the administration of payment plans.

All fees are listed on the checkout page at the time you book your case with any given attorney on the OTR platform.

8. MONEY BACK GUARANTEE AND PARTIAL REFUNDS

Our partner attorneys have agreed to offer you a full or partial refund in the event of an unfavorable legal outcome. We will indicate if the relevant attorney has agreed to offer the money back guarantee when you are booking a case. The money back guarantee only applies to non-criminal traffic tickets.

Per the terms of the money back guarantee which we’ve negotiated with our attorneys, you will not receive a refund if:

You will receive a partial refund if you are found to have committed the infraction but you receive a fine reduction. Our policy with partial refunds is to make you no worse off economically than if you had paid the fee outright. For example: Assume your original fine is $300 and you pay a $250 legal fee. If your lawyer is able to get the fine reduced to $200 instead of $300, you’ll receive a refund of $150 ($250 legal fee - $100 fine reduction). In such a case you would pay a $100 legal fee ($250 initial legal fee minus $150 refund) plus a $200 fine ($300 reduced to $200), equaling a cost of $300—the same as if you had paid the fine outright.

The money back guarantee is based on the state in which you receive a ticket. Without regard to any consequences in the state in which you are a licensed driver, if an attorney achieves an outcome that meets the terms of the money back guarantee in the state in which the ticket was issued, our attorneys will not provide a refund.

Our partner attorneys do not offer the money back guarantee in every area and they do not offer it where it is prohibited by law.

Ultimately, the OTR Money Back Guarantee is designed to help you feel satisfied with your result. Some narrow situations don’t neatly fit the OTR Money Back Guarantee. Satisfaction is our main aim, and the aim of the attorneys that work with OTR, so if you feel that you should receive your money back even if your situation doesn’t meet the terms of the OTR Money Back Guarantee, we encourage you to reach out to us.

Finally, if your situation meets the terms of the OTR Money Back Guarantee but you feel you were satisfied with the effort that your attorney made on your behalf, you do not have to take advantage of the OTR Money Back Guarantee.

9. UNPAID BALANCE OWED TO OTR; COLLECTIONS

You understand if you have an unpaid balance to any attorney on OTR for any reason and do not make satisfactory payment arrangements, attorneys have agreed that your account may be placed with an external collection agency. You will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.

In order for OTR’s attorneys or their designated external collection agency to service your account, and where not prohibited by applicable law, you agree that OTR and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charges to you, and (ii) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provide. You further agree that methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.

10. YOUR PRIVACY

Personal information you submit to OTR is subject to the OTR Privacy Policy. We protect information that you provide us consistent with our Privacy Policy but it is not protected by attorney-client privilege or as attorney work product.

In the event that you ask us to review your case, you consent to OTR accessing your in-platform communications with your attorney on OTR. This consent may, depending upon the jurisdiction in which you live, waive your attorney-client privilege.

11. SMS Terms

If you acknowledge or otherwise consent to receive one or more text messages from OTR you have “opted in” (“Opt In”) to the OTR text messaging service” (“OTR TMS”). By Opting In you consent to the terms of this Section 11. Any personal information used in the delivery of or collected via text message will be used in accordance with the OTR Privacy Policy. Disputes will be resolved in accordance with these Terms. OTR uses reasonable commercial efforts to deliver text messages to you. OTR is not liable if text messages are delayed or undelivered.

By Opting In to OTR TMS you:

12. TERMS GOVERNING THE OTR REFERRAL PROGRAM/OTR REFER A FRIEND PROGAM

We may provide you with a referral code or other means by which you can refer other drivers to OTR (the "OTR Referral Program"). Any terms we've provided separately will govern the OTR Referral Program. However, notwithstanding anything to the contrary in those terms or in these Terms, we reserve the right to honor or refuse to honor any discounts which we offer as part of the OTR Referral Program. We further reserve the right to honor or not honor any incentives which we offer in exchange for referrals which you may provide to us under the OTR Referral Program. Specific behavior which may cause us to refuse to honor any discounts or incentives includes, but is not limited to, posting an OTR Referral Program code on any kind of discount or coupon website or service. Examples of such a service include but are not limited to DontPayFull, Coupons.com, WeThrift, PayPal Honey, or the like.

13. SOFTWARE

You may download software as part of your use of the OTR Services (the “Software”). So long as you comply with these Terms OTR grants to you a limited, non-exclusive, non-transferable, revocable license to use the Software solely to access and use the OTR Services. Except to the extent that such limitation is prohibited by law you will not reverse engineer or decompile, attempt to reverse engineer or decompile, or assist anyone to reverse engineer or decompile the Software.

14. CONTENT

While using the OTR Services you may interact with third party content. OTR is not responsible for and makes no representations or warranties about any third party content including but not limited to content provided by other users of the OTR Services.

By using the OTR Services you grant and assign to us a perpetual, unlimited, fully sub-licensable, irrevocable, fully-paid, license to perform, display, distribute, copy, prepare derivative works from and otherwise use any content that you provide to OTR. You also grant to us, expressly, and assign to us all rights and causes of action to prohibit any unauthorized copying, display, use or exploitation of, distribution, performance, or creation of derivative works from any content that you provide to OTR or post in the process of using the OTR Services.

15. DISCLAIMERS

OTR provides the Software and the OTR Services “as is” and OTR makes no warranties of any kind, express or implied, about the Software and the OTR Services. OTR disclaims all warranties, including warranties of non-infringement and title, merchantability, and fitness for a particular purpose. In addition, OTR makes no guarantees or promises regarding uptime, accessibility, or that the OTR properties will remain updated, complete, correct or secure.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT WILL OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, HOWEVER THEY MAY BE INCURRED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS, THE OTR SERVICES OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF ANY LEGAL MATTER.

TO THE FULLEST EXTENT UNDER APPLICABLE LAW THE TOTAL LIABILITY OF OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE OTR SERVICES OR THE SOFTWARE WILL BE LIMITED TO THE LESSER OF $100 OR THE TOTAL AMOUNT YOU PAID TO OTR TO USE THE OTR SERVICES AND SOFTWARE DURING THE COURSE OF THE LAST 12 MONTHS PRECEDING THE FILING OF SUCH CLAIM.

17. INDEMNITY

To the fullest extent under applicable law, you agree to defend, indemnify, and hold OTR harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your use of the OTR Services or your violation of these Terms.

18. GOVERNING LAW

These Terms shall be governed by the laws of the State of Washington.

19. MANDATORY ARBITRATION

In the event that you have a dispute with OTR, you and OTR agree to mandatory arbitration administered on a confidential basis by JAMS, a nationally recognized arbitration authority, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and not to sue in court in front of a judge or jury. The arbitrator shall have exclusive authority to resolve all disputes arising out of these Terms. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.

You and OTR agree that arbitration will be conducted in your individual capacities only and not as a class or representative action. You and OTR each waive your respective right to file class action. If any court or arbitrator determines that the waiver set forth in this paragraph is unenforceable then this paragraph shall be deemed void and the parties shall be deemed not to have agreed to arbitrate disputes.

This section does not apply to small claims court actions filed in King County, Washington.

This section does not prohibit OTR from bringing a cause of action in any court of competent jurisdiction for injunctive relief to stop any unauthorized use, abuse, or infringement of the OTR Services. In such a case, OTR may seek injunctive relief without engaging in the arbitration process described in these Terms.

20. VENUE

To the extent that the terms of Section 19 do not apply the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in King County, Washington. The parties expressly consent to exclusive jurisdiction in King Country, Washington.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and OTR with respect to the subject matter of these Terms. These Terms supersede any previous terms, understanding and agreement between you and OTR.

22. WAIVER, SEVERABILITY, AND ASSIGNMENT

OTR’s failure to enforce any of these Terms does not constitute a waiver of its right to do so. If any of these Terms is found to be unenforceable, the remainder of these Terms will remain in full effect and the unenforceable term will be substituted to reflect your and OTR’s intent as closely as possible. You may not assign any right under these Terms and any attempt to do so will be void. OTR may assign its rights to any subsidiary or affiliate or any successor interest of any business associated with the Services.

TERMS OF USE FOR FLORIDA DRIVERS

Hi there, we’re Off The Record, Inc. (“OTR,” “we,” “our”). If you (“you,” “your”) are a Florida driver or are fighting a ticket in Florida, your client agreement (“Client Agreement”) with OTR Florida Law and any co-counsel with whom OTR Florida Law may be working will govern your use of the OTR Services. The following terms apply only to the extent they do not conflict with the Client Agreement.

Subject to your Client Agreement, the following terms (the “Terms”) govern your use of our websites, mobile applications, and other services (the “OTR Services”). As the exclusive licensee of the OTR Services in Florida, OTR Florida Law is authorized to enforce the following terms on OTR’s behalf if necessary.

1. USING THE OTR SERVICES

By accessing the website or using the OTR Services you agree to these Terms. If you do not agree to these Terms, please do not use the website or the OTR Services. You may only use the OTR Services if you are legally authorized to form a binding contract with OTR. You may not use the OTR Services if you are under the age of majority in your state.

2. ACCEPTABLE USES AND LIQUIDATED DAMAGES

Your use of the OTR Services must comply with the following Acceptable Uses (the “Acceptable Uses”):

OTR reserves the right to determine, in its sole discretion, your compliance with the Acceptable Uses.

In the event that OTR concludes you have not complied with the Acceptable Uses, OTR has the right, at its sole discretion, to suspend or terminate your use of the OTR Services, with or without prior notice. In addition, any violation of the Acceptable Uses in specific or these Terms in general will subject the violator to liquidated damages in the amount of $20,000 per impermissible use.

3. MODIFICATIONS

We reserve the right to change these Terms at any time. Your continued use of the OTR Services indicates your acceptance of the revised Terms. In the event of changes to these terms we will revise the “Last Updated” date listed on these Terms.

4. OTR AND LEGAL SERVICES

OTR provides marketing, technology, customer services and other services to OTR Florida Law. OTR is not a law firm, does not offer legal advice, and does not dispense legal advice.

5. SOFTWARE

You may download software as part of your use of the OTR Services (the “Software”). So long as you comply with these Terms OTR grants to you a limited, non-exclusive, non-transferable, revocable license to use the Software solely to access and use the OTR Services. Except to the extent that such limitation is prohibited by law you will not reverse engineer or decompile, attempt to reverse engineer or decompile, or assist anyone to reverse engineer or decompile the Software.

6. SMS Terms

If you acknowledge or otherwise consent to receive one or more text messages from OTR or OTR Florida Law you have “opted in” (“Opt In”) to the OTR text messaging service” (“OTR TMS”). By Opting In you consent to the terms of this Section 6. Any personal information used in the delivery of or collected via text message will be used in accordance with the OTR Privacy Policy. Disputes will be resolved in accordance with the OTR Terms of Use. OTR uses reasonable commercial efforts to deliver text messages to you. OTR is not liable if text messages are delayed or undelivered.

By Opting In to OTR TMS you:

7. DISCLAIMERS

OTR and its licensees ( collectively “OTR Licensees”) provide the Software and the OTR Services “as is” and the OTR Licensees makes no warranties of any kind, express or implied, about the Software and the OTR Services. The OTR Licensees disclaim all warranties, including warranties of non-infringement and title, merchantability, and fitness for a particular purpose. In addition, the OTR Licensees make no guarantees or promises regarding uptime, accessibility, or that the OTR Licensee properties will remain updated, complete, correct or secure.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT WILL OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, HOWEVER THEY MAY BE INCURRED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS, THE OTR SERVICES OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF ANY LEGAL MATTER.

TO THE FULLEST EXTENT UNDER APPLICABLE LAW THE TOTAL LIABILITY OF OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE OTR SERVICES OR THE SOFTWARE WILL BE LIMITED TO THE LESSER OF $100 OR THE TOTAL AMOUNT YOU PAID TO OTR TO USE THE OTR SERVICES AND SOFTWARE DURING THE COURSE OF THE LAST 12 MONTHS PRECEDING THE FILING OF SUCH CLAIM.

9. INDEMNITY

To the fullest extent under applicable law, you agree to defend, indemnify, and hold OTR harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your use of the OTR Services or your violation of these Terms.

10. GOVERNING LAW

These Terms shall be governed by the laws of the State of Washington.

You and OTR agree that arbitration will be conducted in your individual capacities only and not as a class or representative action. You and OTR each waive your respective right to file class action. If any court or arbitrator determines that the waiver set forth in this paragraph is unenforceable then this paragraph shall be deemed void and the parties shall be deemed not to have agreed to arbitrate disputes.

This section does not apply to small claims court actions filed in King County, Washington.

This section does not prohibit OTR from bringing a cause of action in any court of competent jurisdiction for injunctive relief to stop any unauthorized use, abuse, or infringement of the OTR Services. In such a case, OTR may seek injunctive relief without engaging in the arbitration process described in these Terms.

11. VENUE

Any litigation between the parties shall be filed exclusively in state or federal courts located in King County, Washington. The parties expressly consent to exclusive jurisdiction in King Country, Washington.

12. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and OTR with respect to the subject matter of these Terms. These Terms supersede any previous terms, understanding and agreement between you and OTR.

13. WAIVER, SEVERABILITY, AND ASSIGNMENT

OTR’s failure to enforce any of these Terms does not constitute a waiver of its right to do so. If any of these Terms is found to be unenforceable, the remainder of these Terms will remain in full effect and the unenforceable term will be substituted to reflect your and OTR’s intent as closely as possible. You may not assign any right under these Terms and any attempt to do so will be void. OTR may assign its rights to any subsidiary or affiliate or any successor interest of any business associated with the Services.