Lawsuit Funding Broker
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TERMS & CONDITIONS
LAWSUIT FUNDING BROKER
TERMS & CONDITIONS


This Agreement ("Agreement") is made this day by and between LAWSUIT FUNDING BROKER, LLC, an Illinois limited liability company ("LFB"), and you, the Funds Recipient.

DEFINITIONS


"LFB" - Lawsuit Funding Broker, LLC
"Broker" - That individual and/or entity which seeks to obtain funding (ie. Money) on behalf of another individual and/or entity (ie. Funds Recipient). In this arrangement the Broker is the agent of the Funds Recipient.
"Funds Provider" - That individual and/or entity which provides funding to a Funds Recipient, through LFB
"Funds Recipient" - That individual and/or entity which seeks and receives funding (ie. Money) from a Funds Provider due to the efforts of LFB

RECITALS


WHEREAS, the Funds Recipient wishes to hire LFB for purposes of LFB securing for the benefit of the Funds Recipient those sums requested by the Funds Recipient from a Funds Provider. In exchange for the efforts of LFB, the Funds Recipient agrees to pay to LFB those fees as agreed upon.

NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:

AGREEMENT


1. Term and Fees: LFB is not liable to Funds Recipient for being unable to secure any funding request. Funds Recipient is liable to LFB for commission/fees once LFB initiates efforts to secured funding and such funding does occur.

2. Exclusive: Funds Recipient agrees not to engage the services of another Broker while LFB is working on this funding request. Additionally, Funds Recipient agrees not to contact or seek funding directly from any Funds Provider while LFB is engaged to seek funding. Shall Funds Recipient violate the aforementioned and obtain funding elsewhere, Funds Recipient shall owe the previously agreed upon commissions/fees.

3. Compensation: Given the nature of this business, in that it is over the phone or via the internet, each party agrees to accept the oral agreement on compensation to LFB or the input form via the LFB website. While the actual commissions/fees may vary from request to request, it is typical that the commissions/fees charged by LFB are 10% of the amount funded. This means that is $10,000 is funded, LFB would be entitled to $1,000 commission/fee. Funds Recipient authorizes and directs the Funds Provider to pay LFB directly out of the funds to be sent to the Funds Recipient.

4. Authorization to Contact Attorney: Funds Recipient agrees and directs LFB to contact their attorney to effectuate this transaction. Additionally, Funds Recipient authorizes LFB to provide to any Funds Providers with any information (concerning Funds Recipient or their case) obtained from Funds Recipient, their attorney, or public records. Additionally, The Funds Recipient authorizes and directs LFB to grant unto any Funds Provider that same right.

5. Authorization to Run Credit: The Funds Recipient authorizes LFB to run their credit report. Additionally, The Funds Recipient authorizes and directs LFB to grant unto any Funds Provider that same right to run the Funds Recipients credit report.

6. Compliance with Laws: LFB shall, at all times, comply with all applicable laws, statutes, ordinances, regulations, rulings, orders and decrees of all federal, state, and local government bodies, authorities, agencies, or departments (or any instrumentality thereof) having jurisdiction over LFB, this Agreement, or the transactions contemplated hereby.

7. Indemnification: Funds Recipient shall indemnify, defend, and hold harmless LFB, and its shareholders, directors, officers, members, managers, partners, employees, agents, representatives, investors, and affiliates (collectively, "LFB"), from and against any losses, damages, claims, demands, or liabilities (including without limitation any regulatory fines and forfeitures, court costs, and reasonable attorney's fees) that LFB may incur related to or arising out of LFB's breach of any provision of this Agreement, or for any negligent, fraudulent, illegal, or criminal acts or omissions of the Funds Recipient.

8. Governing Law: This Agreement, and any disputes arising out of or relating hereto, shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of Illinois without reference to principles of choice of law or conflict of law between or among jurisdictions.

9. Arbitration: Any controversy or claim between the parties arising out of or relating to this Agreement which cannot be resolved by agreement of the parties, upon written demand of either party to the other, shall be exclusively settled by binding arbitration before a single arbitrator in Chicago, Illinois, in accordance with the rules then in effect of the American Arbitration Association ("AAA"), except that the arbitrator shall apply Illinois law (without regard to its choice of law or conflict of law principles) with respect to all substantive matters in the arbitration proceedings. The parties agree that punitive, treble, or any other like style of multiple damages shall not be awarded under any circumstances. The parties further agree to consider themselves bound by, and shall pay the costs and fees of arbitration in accordance with, any award made by the arbitrator, and that a judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10. Disclaimer: The material published on this site is for informational purposes only and is not intended to represent legal advice. Any information transmitted to LFB does not constitute an attorney-client relationship between the parties. There are no guarantees that applying for a litigation cash advance will result in funding. LFB reserves the right to decline your application for funding at anytime throughout the process and may or may not provide a reason for the decline.

11. Intellectual Property: The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by LFB, its licensees, or other third parties who have authorized use of such properties on this site. LFB will aggressively enforce its intellectual property rights to the fullest extent of the law.

12. Representation of Truthfulness: By applying for a cash advance through LFB, you verify that the information presented to LFB is true and complete to the best of your knowledge. This information will be treated by LFB as truthful. If any discrepancies are found in the information that was provided, LFB reserves the right to immediately decline your application and will do so in all such cases. Should any information you provide result in any claim of civil or criminal fraud, LFB shall reserve the right to immediately report such submission to the proper authorities.

13. Funding Methods: Funds Recipient authorizes LFB to contact Funds Providers directly or via any Internet databases, exchanges or mass submission forums.

14. Privacy: Funds Recipient waives any claim of privacy upon submission of this request for funding. Additionally, Funds Recipient waives any claim against LFB for consequences that may arise of the disclosure of case or private information. Information conveyed to LFB will be shared with funding sources in order to secure funding. LFB disclaims any liability whatsoever as a result of any consequences that may result from the publication of this material.

15. Non-Fulfilled Funding Requests: Funds Recipient understands that LFB is not liable for any consequence in being unable to fulfill a funding request, including LFB failing to submit said request to a Funds Provider. LFB makes no warranty or guarantee that any funding request will be fulfilled by a funds provider. Further, Funds Recipient will not rely on the representation of LFB or any Funds Provider on the legal merits of their case during or after this submission.

16. Modification: LFB reserves the right to modify these terms and conditions from time to time. Your use of this site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.

17. Arbitration: You and we agree that either you or we may, at either party's sole election, require that any Claim (as defined below) be resolved by binding arbitration.

IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS.

Special Definitions for this Arbitration Provision. For the purposes of this arbitration provision ("Arbitration Provision"), the following definitions shall apply:

"We," "us," and "our" mean the owner of your account, its parent, and their direct and indirect subsidiaries and affiliates, as well as all of their respective employees, officers, directors, licensees, predecessors, successors, and assigns.

"Claim" means any claim, controversy, or dispute of any kind or nature between you and us.

a. This definition includes, without limitation, any Claim that in any way arises from or relates to:
- This agreement and any of its terms (including any prior agreements between you and us or between you and any other entity from which we acquired your account);
- This Arbitration Provision (including whether any Claim is subject to arbitration);
- The establishment, operation, or termination of your account;
- Any disclosures, advertisements, promotions, or other communications relating to your account, whether they occurred before or after your account was opened;
- Any transactions or attempted transactions involving your account;
- Any billing or collections matters relating to your account;
- Any posting of transactions (including payments or credits) to your account;
- Any fees, interest, or other charges assessed to your account, or their calculation;
- Any products, services, or benefits programs related to or offered in connection with your account (including any insurance, debt cancellation, or extended service contracts and any programs, rebates, rewards, sweepstakes, memberships, discounts, or coupons) whether or not we offered, introduced, or provided them;
- Our receipt, use, or disclosure of any information about you or your account;
- Any other matters relating to your account or relationship with us.

b. This definition also includes, without limitation, any Claim:
- Regardless of how or when it is brought (for example, as an initial claim, counterclaim, cross-claim, interpleading, or third-party claim);
- Based on any theory of relief or damages (including money damages and any form of specific performance or injunctive, declaratory, or other equitable relief);
- Based on any theory of law or equity (including contract, tort, fraud, constitution, statute, regulation, ordinance, or wrongful acts or omissions of any type, whether negligent, reckless, or intentional);
- Made by you or by anyone connected with you or claiming through or for you (including a co-applicant or authorized user of your account, your agent, your representative, your heirs, or a trustee of bankruptcy);
- For which we may be directly or indirectly be liable under any theory, including respondent superior or agency (even if we are not properly named at the time the Claim is made)
- Now in existence or that may arise in the future, regardless of when the facts and circumstances that give rise to the Claim occurred or when the Claim accrued;
- Made as part of a class action, private attorney general action, or other representative or collective action, which Claim shall proceed on an individual basis as set forth in this Arbitration Provision.

Arbitration Administrators: Please contact the following arbitration administrator ("Administrator" or, collectively "Administrators") who will administer the arbitration:

American Arbitration Association 225 North Michigan Avenue Suite 1840 Chicago, IL 60601-7601

You may contact the Administrator to obtain information about arbitration, arbitration rules and procedures, fee schedules and claim forms.

Election and Initiation of Arbitration. You or we may elect arbitration under this Arbitration Provision with respect to any Claim, even if the Claim is part of a lawsuit brought in court. You or we may make a motion or request in court to compel arbitration of any Claim brought as part of a lawsuit. We will not elect or initiate arbitration of any Claim brought in a small claims court (or the equivalent), so long as the Claim remains in that court, is made solely on behalf of an individual or joint account holder, and is not made as part of a class action, private attorney general action, or other representative or collective action. In addition, we will not elect or initiate arbitration of any Claim you have asserted in any lawsuit against us on or prior to January 31, 2002.

You and we must follow the rules of the Administrator to initiate arbitration. If you initiate arbitration, you must mail us any notice required by the administrator to 211 E. Ontario Suite 1800, Chicago, IL 60611. If we initiate arbitration, we will choose one of the administrators, and we will mail you any notice required by the Administrator to your last-knowing billing address. If we have initiated arbitration, we will change the Administrator at your request if you notify us in writing at the above address within fifteen days of the date of any notice we send you of our initiation of arbitration.

Procedures and Law Applicable in Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). Questions about whether any Claim is subject to arbitration shall be resolved by interpreting this Arbitration Provision in the broadest way it may be enforced, consistent with the FAA and the terms of this Arbitration Provision. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award any damages or other relief permitted by applicable substantive law, but the award shall determine the rights and obligations of only the named parties and only with respect to the Claims in arbitration. The rules and procedures of the Administrator, which you may obtain from the Administrator, shall govern the arbitration unless they conflict with this Arbitration Provision, in which case this Arbitration Provision will apply. The arbitrator will not be bound by, and this Arbitration Provision shall not be subject to, the federal, state, or local rules of procedure and evidence that would apply in court, or to state and local laws that relate to arbitration proceedings. You or we may have a hearing in arbitration. Any arbitration hearing that you attend in person will take place at a location in the federal judicial district that includes your last-known billing address or at some other place upon which you and we agree. You or we may be represented by counsel. If you or we request, the arbitrator will honor claims of privilege recognized under applicable law and we will use best efforts to protect confidential information (including the Administrators' Fees and the fees and costs relating to the attorneys, experts, and witnesses), regardless of whom prevails. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner.

Costs. The party initiating arbitration will pay the initial filing fee. You may seek a waiver of the initial filing fee or any of the Administrator's other fees (collectively, "Administrator's Fees") under any applicable rules of the administrator. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all part of the Administrator's Fees if the arbitrator determines there is a good reason for us to do so. We will pay any fees and costs we are required to pay by law. Otherwise, and except as provided in the Agreement, you and we will bear all of our respective fees and costs (including the Administrators' Fees and the fees and costs relating to attorneys, experts, and witnesses), regardless of whom prevails. Allocation of fees and costs relating in arbitration will be handled in the same manner.

No Consolidation or Joiner of Parties. The arbitration of any Claim must proceed on an individual basis, even if the Claim has been asserted in a court as a class action, private attorney general action, or other representative or collective action. Unless all parties consent, neither you nor we may join, consolidate, or otherwise bring Claims related to two or more accounts, individuals, or account holders in the same arbitration. Also, unless all parties consent, neither you nor we may pursue a class action, private attorney general action, or other representative or collective action in arbitration, nor may you or we pursue such actions in Court if any party has elected arbitration. You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim as to which arbitration has been elected.

Judgment, Enforcement, Finality, and Appeal. The arbitrator's decision will be final and binding after fifteen days unless you or we seek an appeal of the award by making a written request to the Administrator. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitrator, and will make decisions based on the vote of the majority. The panel's decision will be final and binding. Any final decision of the arbitrator or of the appeal panel is subject to judicial review only as set forth under the FAA. An award in arbitration will be enforceable under the FAA by any court having jurisdiction.

Waiver, Survival, Severability. If you or we do not elect arbitration or otherwise enforce this Arbitration Provision in connection with any particular Claim, you or we will not waive any rights to require arbitration in connection with that or any other Claim. This Arbitration Provision shall survive: (i) suspension, termination, revocation, closure, or changes of this Agreement, your account, and your relationship with us; (ii) the bankruptcy or insolvency of any party; and (iii) any transfer of your account, or any amounts owed on your account, to any person or entity. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision shall govern.

18. Enforcement Fees: Should LFB be required to hire counsel to enforce any terms of this agreement it shall be entitled to collect, in addition to all damages, all costs of collection including reasonable attorney's fees.