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THESE SUBSCRIPTION TERMS, THE ROSENBLUM LAW FIRM TERMS & CONDITIONS, AND ANY OTHER APPLICABLE TERMS CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND THE ROSENBLUM LAW FIRM. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE AND THE ROSENBLUM LAW FIRM MAY REFUSE ACCESS TO PART OR ALL OF A SUBSCRIPTION FOR NONCOMPLIANCE WITH THE SUBSCRIPTION TERMS. THESE SUBSCRIPTION TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SERVICE. To request a refund, contact the Rosenblum Law Firm at (888) 883-5529.
This is a contract between The Rosenblum Law Firm, P.C. (the “Firm”) and you, (the “Subscriber”), for the TrafficTickets.com Pro Plans (the “Plan” “Plans” or “Legal Plans”) described below. In addition to the Firm’s Terms & Conditions that all clients agree to upon hiring the Firm, this contract (the “Agreement”) constitutes a legal agreement between you and The Rosenblum Law Firm detailing the terms of your use of the Legal Plans. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan membership or accepting a free trial thereof (the “Effective Date”). If you sign up for a Legal Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully.
A “traffic violation” shall be defined as a New York traffic violation which carries points and is not a parking ticket, non-moving violation, or criminal offense.
PLEASE NOTE – Even if you are using a free trial, these terms still apply.
THE LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES BEYOND TRAFFIC TICKET REPRESENTATION.
1. Legal Plan Membership. We reserve the right to accept or refuse membership in our discretion. If you subscribed to the Individual Plan, you may not transfer or assign your Legal Plan or these benefits to any other individuals. The individual named in the Driver Name field upon signup will be the individual covered by the plan. If you subscribed to a Family Plan, license holders must be immediate family members living in the same household and also must be named in the Driver Name fields upon signup. If you subscribed to a Business Plan, license holders must work for the same business or corporate entity and must be named in the Driver Name fields upon signup.
2. Family Members. For the purposes of this Agreement, the term “Eligible Family Member” shall include:
(i) The Subscriber’s spouse or domestic partner;
(ii) Any dependent who resides in the same household.
Each Eligible Family Member to whom you extend coverage under this contract is bound by the terms of this contract.
3. Benefits of Legal Plans.The Legal Plans provide the following benefits:
Membership in a Legal Plan provides the following benefits (collectively, the “Plan Benefits”):
(i) One (1) initial attorney consultation by telephone regarding each pending traffic violation. The consultation shall be limited to 10 minutes per traffic violation.
(ii) Review by the Firm of the actual ticket documents, including supporting depositions and the police report, if any.
(iii) Legal representation for the traffic violations: Outside NYC & Rochester this shall mean negotiation of “plea bargain” or settlement of the charges wherein you will plead guilty to a lesser offense instead of the initial charges. Trial is not included in the Plans and if you opt for trial an additional attorney’s fee will be assessed. For cases pending in NYC & Rochester, the Plans include all court appearances and trial, if applicable, since plea bargains are not permitted.
(iv) If a Plan Member engages the Firm for traffic violation services that are not included in the Plan Benefits as described herein, including trial, the Firm shall provide such legal services at a twenty-five (25%) discount from such Firm’s standard rates for representation.
4. Exclusions; Conflicts.
The following items and matters are specifically excluded from the Legal Plans, and are not to be considered or treated as Plan Benefits:
(i) Any action that resulted in the prior recruitment or retention by the Plan Member of another attorney; provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;
(ii) Any matter involving the laws of jurisdictions outside of New York State;
(iii) Any appeal to an appellate court;
(iv) Any matter that, in the Firm’s opinion, is frivolous in nature or objective; or
(v) Any case matter or requested service that is determined by the Firm to lack sufficient merit to warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances;
(vi) Any matter that would constitute a conflict of interest or violation of the New York Attorney Ethical Rules.
5. Not Insurance. The Legal Plans offered through The Rosenblum Law Firm are not contracts of insurance or indemnification insurance plans. The Rosenblum Law Firm is not an insurance company and does not guarantee legal representation in every situation. The Rosenblum Law Firm does not reimburse or indemnify any Plan Member or pay any law firm for attorney fees or expenses.
You acknowledge that The Rosenblum Law Firm may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary attorney consultations you may receive in a given period of time related to one or all subjects.
Right to Change Practices.
You acknowledge that The Rosenblum Law Firm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. However, you have the right to cancel your membership should we materially decrease benefits.
Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
7. Authority to Enter Agreement.If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any Legal Plan. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with “Fee Adjustments” below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your Legal Plan subscription, see the “Termination or Cancellation” section below.
To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
If you have purchased an automatic renewing plan from The Rosenblum Law Firm, your Legal Plan subscription will renew automatically at the end of the initial term (the “Billing Date”) and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. Unless otherwise notified in advance by The Rosenblum Law Firm pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
You agree to pay The Rosenblum Law Firm the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions which may include additional terms and conditions presented with the offer, or where limited by law. A schedule of fees for the Legal Plan subscriptions is set forth below:
TrafficTickets.com Pro Individual membership: $19.95 per month
Includes 1 driver’s license.
TrafficTickets.com Pro Family membership: $39.95 per month
Includes up to 3 driver’s licenses per family living in the same household.
TrafficTickets.com Pro Business membership: $49.95 per month
Includes 1 driver’s licenses for a commercial driver. Note, the driver need not hold a Commercial Driver’s License (CDL). This plan is suited for any individual that drives as a primary function of his or her job (includes Uber and the like).
Notice of Automatic Renewal.
If applicable, we will send a reminder email to the email address of record for your account before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of The Rosenblum Law Firm to send the email does not create any liability on the part of The Rosenblum Law Firm or any third-party service provider.
Promotional Trial Memberships.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING 888-883-5529, YOUR LEGAL PLAN MEMBERSHIP WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
9. Fee Adjustments.The Rosenblum Law Firm may increase its fees for any Legal Plan membership effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to Section 10, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.
10. Termination or Cancellation.
By The Rosenblum Law Firm.
(i) If payment is not made on the Billing Date, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan membership, your non-payment may result in suspension of service and subsequent termination of your Legal Plan membership.
(ii) Your right to use a Legal Plan membership is subject to any limits established by The Rosenblum Law Firm or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, The Rosenblum Law Firm reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating this Agreement and all obligations of The Rosenblum Law Firm hereunder. If a charge made to your credit card is declined, The Rosenblum Law Firm may make up to five (5) attempts to bill that card over a thirty (30) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
(iv) If the Rosenblum Law Firm determines, in its sole discretion, that you are abusing or taking unfair advantage of the Plans (e.g. high frequency, etc.), or are being or suggesting that we take a position that is deceptive or fraudulent or in violation of the NY Attorney Ethical Rules, we reserve the right to terminate your Plan immediately.
(i) After you have reviewed these terms, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the Agreement, you may return the Agreement to us and have any prepaid amounts refunded. If the Agreement is returned and you have not sought legal services pursuant hereto within this time period, the Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been issued.
(ii) You will have the right to cancel your Legal Plan membership by calling our Customer Care Center at (888) 883-5529. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.
Services after Termination.
After termination of your Legal Plan membership, either by you or by The Rosenblum Law Firm, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan membership) will remain in full force and effect unless and until separately terminated or cancelled.
11. Dispute Resolution. The parties agree to attempt to resolve all disputes by communicating with The Rosenblum Law Firm. A Plan Member has the right to file a complaint with his or her state’s bar association concerning the conduct of an affiliated attorney under the Legal Plan.
12. Professional, Independent Attorney Judgment; Contractors. It is within the sole discretion of the attorney who is handling your case to determine whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise unmeritorious claim or defense. Our attorneys reserve the right to make independent professional judgments regarding such presentations. You also agree that you are delegating the authority to accept a settlement to your attorney and they will use their professional judgment in determining whether or not to accept a plea bargain offer, if any. The attorney who represents you in court may not be a member of The Rosenblum Law Firm as your case may be handled by a 3rd party attorney who will be acting “of counsel” to the Firm. In any event, the Firm takes full responsibility for your case.
13. Court Fines, Fees and Surcharges, DMV Penalties. Regardless of the outcome of the case, you are responsible for all court fines and DMV penalties including but not limited to: ticket fines, NYS surcharges, suspension termination fees, bail and/or bond, convenience fees for online payment, Traffic Diversion Program application fees, and Driver Responsibility Assessments. If the court mandates you to complete a Driver Safety Course, it is your responsibility to take the course and pay for it.
14. No Guarantees.You acknowledge that there is always an element of risk in contesting a traffic ticket are no guaranteed outcomes in terms of points, fines / fees and auto insurance rates. Any money back guarantees mentioned on any Rosenblum Law Firm website do not apply to Pro Plan subscribers.
ROSENBLUM LAW FIRM TERMS & CONDITIONS OF REPRESENTATION
Initial Consult & Quote Email. It is our expectation that the information you provide, both during and after the initial consult is accurate. If, for example, we quote you a fee based on the information you provide initially, and then when you send us your documentation it turns out the charges are different, we may have to change the flat fee or our money back guarantee. If, for example, you make certain representations to us about your driving record or as to which court is handling your case, and then those representations turn out to be untrue, that may change the ultimate result. In addition, we cannot foretell what a prosecutor may or may not offer or what a judge will do at sentencing. So we may give you a rough estimate as to the fines that we anticipate you having to pay at the end of the case; however, the court may end up sentencing you to a higher fine than we initially anticipated. Many court fines are in the $150-$300 range but others can be significantly higher ($500 or more). Therefore, in all cases, the information conveyed by us during the consult as to what may be accomplished if you hire us is merely an estimate and is not binding.
Money Back Guarantee. We cannot guarantee you a specific outcome as we cannot predict the future as explained above. The money back guarantee does not apply in every case and never applies in Traffic Violations Bureau cases or in cases taken under any of the Pro Plans.
Insurance and License Implications. We are attorneys and not insurance underwriters. Therefore, any information about insurance that we provide you is general information we found online but is not to be relied upon. Since underwriting guidelines are different from case to case, there is no way for us to know for certain how a conviction may affect your auto insurance. Our attorneys are only licensed in New York and/or New Jersey, therefore, any information that we relay to you about the potential consequences in other states is based on general information we found online but is not legal advice and cannot be relied upon.
Commencement and Termination of Representation. Our obligations do not begin until you hire us which includes: (a) agreeing to these terms by signing below; (b) paying our attorney’s fee; and (c) sending us the required information about your ticket. It is your obligation to provide us sufficient information to enable us to locate your case.If we cannot locate your ticket due to a lack of information, we will be unable to respond to it and take no responsibility for what may result, including license suspension. If you send us your documents or hire us too close to the plea deadline or court date for us to reasonably be able to take action, we take no responsibility for what may result, including but not limited to: conviction, license suspension, suspension fees, and bail. You have the right to terminate us at any point in time on written notice, however, we will still be entitled to retain a fee commensurate with the amount of time invested in your case and how far the case has progressed. Even if you terminate our representation in early stages of the case, a minimum fee of $300 will be retained for file preparation.
Driving Record. You hereby authorize us to purchase your driving record on a discretionary basis.
Communication. Since we may not have the opportunity to contact you in advance, we suggest you email us any mitigating factors that might assist in your defense at the time you hire us. We cannot accept responsibility for your failure to provide us this information. While we prefer email communication, technology does not always work perfectly. If you send us an email and do not receive a timely reply there is a chance the email was not received. In that case, please call us directly to discuss your concern.You must notify us if your phone number or email address changes. If we make reasonable attempts to reach you, but cannot, we take no responsibility for what may result, including a less favorable result, our withdrawal from your case with no refund, and/or license suspension.
Appearance in Court. If you hire us to represent you for a traffic violation (as opposed to a criminal case) pending in New York State, in most cases you will not have to appear in court unless the judge requires you to appear. Most but not all New Jersey courts require the defendant to appear in court with the attorney if they live within a certain distance of the courthouse (varies from court to court). If you are not present in court, the Waiver document you signed authorizes us or an attorney who we authorize (who may not be a member of the Rosenblum Law Firm) to appear in court on your behalf and either plead guilty to a reduced offense or conduct a trial, if warranted.Once our obligations begin, we are the point of contact with the court on your case. If you show up in court or enter a guilty plea to a ticket without notifying us prior, we take no responsibility for the consequences and our fee is non-refundable.
Time Frames. The average time frame to resolve a case outside NYC & Rochester is 10-12 weeks; it could be longer or sooner depending on the court’s schedule. In NYC & Rochester cases typically take 6-18 mo. but can take longer.
Court Ordered Penalties. In certain cases the prosecutor or judge may require you to take a driver safety course (which can be completed online) as a condition of your case. We have no control over this offer and if mandated it is your obligation to take it and pay for it. In all cases, once your case is complete, we contact you by email. The email will contain fine payment information, if applicable.At the end of your case, if applicable, a fine, mandatory surcharge, points and Driver Responsibility Assessment may result.You are responsible to pay the court and DMV all of these penalties; they are not included in our flat fee. We will endeavor to communicate the case results in as timely a manner as possible; however, there are times that there is a delay in the information being transmitted to us which could cause our communication to you to be delayed. We appreciate your patience in this regard.
THE FOLLOWING APPLIES IN THE TRAFFIC VIOLATIONS BUREAUS (“TVB”) OF NEW YORK CITY & ROCHESTER ONLY:
If you have not already entered a plea of “not guilty” we will enter a plea to the ticket on your behalf, and then the TVB will notify us of the court date. In the TVB there is a “no plea bargain” policy which means we cannot negotiate a reduction of the charges you are facing. As such, the case will be scheduled for a trial. At the end of the trial the judge will make a ruling of either guilty or not guilty. If you are found “not guilty” you will receive no points or fines. If you are found “guilty” a fine and points will be applied.Therefore, our objective is to obtain a dismissal by (a) asking the court to dismiss the case if the prosecuting officer fails to appear in court; or (b) conducting cross-examination (questioning) of the police officer at trial to determine whether he or she can prove his case as it is their burden to establish your guilt. Often, this will require several court appearances, and postponements can (but do not necessarily) increase the chances of a dismissal. As your counsel, you authorize us to use our discretion to decide whether a postponement is appropriate or whether a trial is the best choice under the circumstances. For example, we at times exercise discretion to do a trial if we are assigned a judge that we believe will be more favorable to your case. Other times, we have no discretion; if the officer appears on a scheduled court date, the judge may give us no choice but to conduct the trial at that point in time. By signing this agreement you acknowledge that you are hiring The Rosenblum Law Firm to conduct your defense and that our fee is not contingent on winning your case; if you are found guilty at trial you will not be entitled to a refund of our legal fees. Since we may not have the opportunity to contact you in advance of the trial, we suggest you email us any mitigating factors that might assist in your defense at the time you hire us. If you decide you’d like to come to court, please advise us of same at least seven (7) days prior. Even if you attend court the date may be postponed and you may be required to come back;up to three or more appearances may be required before the trial actually takes place (the DMV judge has discretion to adjourn a case as many times as he or she wants). It is not our duty to advise you of the court date and any date we convey to you cannot be relied on; you must log on to the DMV website to verify the date on your own.Unless you tell us otherwise, we will rightfully assume that you will not attend court; in such event, we cannot testify on your behalf but we can still conduct the trial and cross-examine the police officer. While it is a rare occurrence, there are times where we exercise our discretion and enter a guilty plea to the original charges to avoid more serious consequences (i.e. license suspension). You hereby authorize us to use our discretion and enter a guilty plea where appropriate. In certain cases, we might be required to post a refundable bond of $40 per ticket in order to get a new date. We will post the bond on your behalf and you hereby agree to reimburse us. We will attempt to reach you regarding reimbursement but if you do not respond within 24 hours, you hereby authorize us to charge the bond fee to the credit card you used to hire us.
THE FOLLOWING APPLIES IN ALL COURTS EXCEPT THE TRAFFIC VIOLATIONS BUREAUS OF NEW YORK CITY & ROCHESTER:
Since our objective is to save you points, fines, and from getting an auto insurance increase, the preferred method is to negotiate a reduction of the offense with the prosecutor. This eliminates the risk of a conviction which could happen if we were to take the ticket(s) to trial. If you have not already done so, our first step will be to plead “not guilty” to your ticket(s). The date on the front of your ticket(s) is the deadline to enter the plea – not an actual appearance date to negotiate a reduction. Therefore, once we submit a “not guilty” plea, the court will schedule a new court date that is different from the one listed on your ticket. In the meantime, we may reach out to the prosecutor and reach a settlement and use our best judgment to negotiate and accept the best reduction possible under the circumstances. If we are able to negotiate your ticket(s) down to a reduction that we deem acceptable, we will accept it on your behalf. In the rare case where the prosecutor does not offer to reduce the points, we will attempt to contact you to discuss your options. One option will be to get a full refund of our attorney’s fee and plead guilty. The other option will be to apply the attorney’s fee you have already paid to hire us to conduct a trial. If you choose the trial option, the result is not guaranteed and our fee is non-refundable.Unless you tell us otherwise, we assume you will not attend the trial; in such event, we cannot testify on your behalf but we can still conduct the trial and cross-examine the police officer. Please note that in some cases, we may not be able to contact you and offer you the above options and our attorney will have to use his or her best discretion and judgment as to whether to plead guilty or conduct the trial. In all cases, a fine, mandatory surcharge, points and Driver Responsibility Assessment may result.You are responsible to pay the court and DMV all of these penalties; they are not included in our flat fee. Select courts will not accept a plea to a reduced charge unless the fine is paid on the spot. In those cases, we may pay your fine as a courtesy to you. We will attempt to reach you regarding reimbursement but if you do not respond to our email within 24 hours, you hereby authorize us to charge the reimbursement to the credit card you used to hire us.