Terms of Service
Last Updated: December 8, 2023
1. Introduction and Overview
Thurgood (“Service”) is provided by Thurgood, Inc ("Thurgood"), with a mailing address located at 600 Broadway Ste 2000, Ste 5878, Albany, NY 12207. By using our Service, you agree to these terms and conditions (“Terms”). Please read them carefully. Our goal is to level the playing field and make legal help accessible to the most vulnerable in society. At any time, Thurgood may change these Terms by updating this posting, or emailing you at the email address you provided. You should visit this posting to review these Terms from time to time. In these Terms, references to Thurgood include its parents, affiliates, directors and employees.
2. Who Can Use The Service
The Service is available to anyone who is eighteen (18) years of age and older, has a valid email address, and has enrolled in the Service at askthurgood.com. We reserve the right to refuse access to the Service or cancel your account at any time for any reason.
3. What We Promise
We have a direct relationship with you, our customer. As a result, we will never sell or rent your personal data.
4. Thurgood is Not a Law Firm
The services and information provided by Thurgood, along with the content on our website related to legal matters ("Legal Information"), are provided for your private use and do not constitute advice. If you need advice for a specific problem, you should consult with a licensed attorney. As Thurgood is not a law firm, please note that any communications between you and Thurgood may not be protected under the attorney-client privilege doctrine.
5. Your Thurgood Account and Linked Account
When you create an account for the Service (“Thurgood Account”), you agree that you will not use a username or email address for your Thurgood Account or a Linked Account that belongs to someone else, impersonates someone else, violates another’s intellectual property rights, or is offensive in Thurgood’s discretion. You agree to provide true, current, and complete registration information about yourself, and to update this information promptly when it changes or upon our request.
You represent that your Linked Account belongs to you, and you are permitted to link to it.
You are responsible for maintaining the security of your Thurgood Account and are responsible for all activities that occur under your Thurgood Account and Linked Account, whether or not you authorized the activity. You will immediately notify us of any unauthorized use of your Thurgood Account or other breach of security.
You cannot sell, transfer, or assign your Thurgood Account to someone else without our express written consent.
You represent that any dispute or request submitted is an authentic problem you are having. You are responsible for any damages to Thurgood or others from disputes with fake or inauthentic information, or from reselling our services. Specifically, you must have a good faith basis for believing any piece of information or personal detail you provide to Thurgood. You may not use any part of our website or intellectual property if you have been notified that you are not permitted to do so ("Ban Notification"). You may receive a Ban Notification through an automated Thurgood system, by email to the address on file (from help@askthurgood.com) or from a message from a Thurgood employee.
6. Privacy
Our use of your Thurgood Account, Linked Account, and all data and personal information contained therein is governed by our Privacy Policy.
7. Termination of Service
You may terminate your Thurgood Account at any time by emailing help@askthurgood.com from the email that you used to initially sign up. In the event that you need to cancel an account linked to a phone number, you agree to email your request to help@askthurgood.com, with the phone number on your account that you used to initially sign up. We may suspend your Thurgood Account or terminate the Service if you violate any of these Terms.
8. Electronic Communications
By entering into this Agreement you agree to receive text messages from us at the phone number you supplied when registering for an account and any updated phone number you associate with your account. You understand and agree that these texts may be sent using an automatic telephone dialing system or other automated technologies. These messages may include but are not limited to: operational communications concerning your account or use of our services, as well as marketing content such as information about new products and special promotions run by us or our third-party partners. Standard text messaging rates will apply. Your agreement to receive texts is not a condition of any purchase.
If you wish to opt out of text messages, reply "STOP" to any text message you received, or contact customer service at help@askthurgood.com. You may continue to receive text messages while we process your request.
9. Customer Service
You may contact Customer Service using the contact information on our Site. The provision of customer support is not required or guaranteed, and is provided at Thurgood’s sole discretion.
10. Laws and Regulations
Your use of the Service is subject to all applicable federal, state, and local laws and regulations. Unauthorized use of the Service is prohibited, and violators can be prosecuted under federal and state laws. Virginia law and Federal law will govern the interpretation and enforcement of these Terms.
11. Copyright and Trademark Information
The information contained at the Site and provided as part of the Service, including all text and images (other than certain images of third parties) and their arrangement, are copyright ©Thurgood, Inc. Thurgood and its logo are trademarks of Thurgood. All other trademarks are property of Thurgood unless otherwise designated or clearly implied herein as belonging to third parties. Except as stated in the next paragraph, nothing at the Site or in the Service shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or proprietary rights of Thurgood or of any third party.
You are authorized by Thurgood to use the Service as described in these Terms solely for your personal, non-commercial use. The information and materials provided through the Service may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Thurgood’ prior written consent.
The Service materials may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
12. Digital Millennium Copyright Act
We respond to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act. If you believe someone is violating your copyright on our Site, you can notify us at help@askthurgood.com.
13. Limitation of Liabilities and Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Service may include technical or typographical inaccuracies and errors. Thurgood assumes no liability for any errors or omissions in the information contained in the Service and expressly disclaims any responsibility to update this information.
IN NO EVENT SHALL THURGOOD BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SERVICE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).
14. Indemnification
You agree to indemnify, defend, and hold harmless Thurgood from and against any and all losses and threatened losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of these Terms, your use of the Service, any claim that your use of the Service violates any applicable law, or any claim arising out of your negligent acts or omissions. This obligation will survive any termination of these terms or your Thurgood Account. You will cooperate fully as reasonably required in defense of any claim identified under this section. You acknowledge that damages from improper use of the Service may be irreparable; therefore, Thurgood is entitled to seek equitable relief in addition to all other remedies. Thurgood reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
15. Links to Other Internet Web Sites
Some of the Web sites listed as links herein are not under the control of Thurgood, but rather are exclusively controlled by third parties. Accordingly, Thurgood makes no representations whatsoever concerning such Web sites. Although Thurgood may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Thurgood with respect to such Web site, its owners or its providers. Thurgood is providing these links only as a convenience to you. Thurgood has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL Thurgood BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Feedback
Any comments or materials sent to Thurgood or posted on the Site, including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be the property of Thurgood. Thurgood’s use of the Feedback will be in compliance with our Privacy Policy, which is set forth on the Site, and applicable laws. Thurgood shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, Thurgood shall be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such Feedback.
17. Violations of Terms
Thurgood reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Thurgood FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SERVICE AND INFORMATION PROVIDED AT THE SITE.
18. About These Terms
If there is any inconsistency between these Terms and any additional terms we may add, the additional terms will prevail. These terms govern the relationship between Thurgood and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms and we do not take action immediately, this does not mean we are forfeiting any rights that we may have. We may still take action in the future. If any particular term is not enforceable, this will not affect any other Terms.
19. Paid Services
Thurgood may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). Thurgood has the right to change, delete, discontinue, or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Thurgood Account settings or as otherwise agreed in writing (“Subscription Fee”). If you sign up for Subscription Services for a period (“Initial Period”), then the terms will be automatically renewed for additional periods of the same duration as the Initial Period at our then-current fee for such Subscription Services. In order to avoid automatic renewal, you must cancel your Subscription Services at least 3 calendar days (72 hours) prior to the automatic renewal date. You may cancel Paid Services online in account settings.
20. Recouping Payments and Additional Contributions
We will recoup payment directly from your connected account. By using our services, you authorize us to initiate debit and credit entries to your bank account, or if you link a debit card to your account, you authorize us to charge your debit card, for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments you initiate. If the balance is insufficient, you authorize us to recoup payment from your connected account over nominal increments. However, Thurgood will attempt to avoid charging your bank account if we believe your bank account does not contain sufficient funds to cover payment.
Our failure to charge your bank account for repayment within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Thurgood harmless from any claims by any other owner of the account.
Thurgood’s authorization to initiate debit and credit entries to your bank account will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting help@askthurgood.com at least three business days before the day a transaction is scheduled. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Thurgood. You are responsible for any costs or damages related to the timing of authorization revocation.
Thurgood is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can decline to allow you to use the Services.
21. United States Dispute Resolution and Arbitration Agreement
21.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Thurgood in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
21.2 Overview of Dispute Resolution Process. Thurgood is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with Thurgood’s customer service team (described in paragraph 24.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Thurgood each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
21.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 15 days prior to initiating an arbitration, you and Thurgood each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Thurgood by mailing it to Thurgood’s agent for service, located at 440 Monticello Avenue, Ste 1802, PMB 33301, Norfolk, VA 23510, United States. Thurgood will send its notice of dispute to the address associated with your Thurgood account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 15-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
21.4 Agreement to Arbitrate. You and Thurgood mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Thurgood Platform, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Thurgood agree that the arbitrator will decide that issue.
21.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
21.6 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Thurgood agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
21.7 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
21.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
21.9 Jury Trial Waiver. You and Thurgood acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
21.10 No Class Actions or Representative Proceedings. You and Thurgood acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
21.11 Severability. Except as provided in Section 24.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
21.12 Changes to Agreement to Arbitrate. If Thurgood changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice to 440 Monticello Avenue, Ste 1802, PMB 33301, Norfolk, VA 23510, United States, within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Thurgood (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Thurgood.
21.13 Survival. This section will survive any termination of these Terms and will continue to apply even if you stop using the Thurgood Platform or terminate your Thurgood account.