California Paramedics Association LLC

Subscription Agreement

This California Paramedics Association Subscription Agreement (“Agreement”) is a legal document that explains your rights and obligations as a subscriber of the Paramedic Legal Defense Plan (“Plan”) offered by California Paramedics Association LLC, a limited liability company under the laws of the State of California, with its registered office at 4092 Bridge Street, Fair Oaks, California, 95628, United States, registered with the California Secretary of State under number 202030810074, (“Association”) which is administered in cooperation with Rose Law APC, a professional law corporation under the laws of the State of California, with its registered office at 11335 Gold Express Drive, Suite 135, Gold River, California, United States, registered with the California Secretary of State under number C2938763, and with the State Bar of California (“Rose Law”). Please read this Agreement carefully before subscribing or renewing.

SECTION XI CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.

I. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT

The Plan is a prepaid legal service offered by the Association to its member subscribers and administered in cooperation with Rose Law. The Plan is not insurance and the Association is not an insurance company.

You become an Association member and a subscriber to the Plan (“Subscriber”) by completing the registration of an Association membership account. This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a Subscriber if you are not licensed as a Paramedic by the State of California. You may not become a subscriber if you are under the age of 18. Plan subscriptions and Association membership are not intended for children under 18 and California Paramedics Association LLC will not knowingly collect personal information from children under the age of 18.

a. Contracting Party

For any interaction of or relating to the Plan your contractual relationship is with the Association, except where such interaction is for the provision of legal advice and representation by a licensed California attorney (i.e. Rose Law or other Association attorney). Except as otherwise indicated at the time of the transaction or event (such as in the case of a Covered Matter for legal services handled by Rose Law or other Association attorney), any transactions for Subscriptions (as defined below) you make with the Association for Plan coverage are being made with the Association.

b. Subscriptions; Content and Services

1. As a Subscriber you may obtain access to certain prepaid legal plans, services, and content available to Subscribers. The level and scope of access depends upon the type or level of Subscription selected, as described in Section 2 below. The Plan and other content download or access via the Association’s websites or online portals, including but not limited to prepaid legal services offered by Rose Law (or other Association attorney), are referred to in this Agreement as “Content and Services;” the rights to access and/or use any Content and Services available under the Plan are referred to in this Agreement as “Subscriptions.”

2. Each Subscription allows you to access particular Content and Services as described in further detail in Section II below. Also, additional terms (for example, payment and billing procedures) may be posted on https://californiaparamedics.org or under the Association’s Online Conduct Policy (https://californiaparamedics.org/online-conduct-policy). The Subscription Terms and the Association’s Privacy Policy (which can be found at https://californiaparamedics.org/privacy) are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in Section 8 (Amendments to this Agreement).

c. Your Account

1. When you complete the Association’s registration process, you create an Association member account (“Account”). Your Account may also include billing information you provide to the Association for the purchase of Subscriptions, Content and Services, and any physical goods offered for purchase from the Association (“Products”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by the Association. You are responsible for the confidentiality of your login and password and for the security of your computer system. The Association is not responsible for the use of your password and Account or for all of the communication and activity on its websites and online portals that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from the Association’s negligence or fault, the Association is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify California Paramedics Association LLC via both email (info@californiaparamedics.org) and phone to 1-800-456-3767 without any delay.

2. Your Account, including any information pertaining to it (e.g. contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions.

d. Payment Processing

Payment processing related to Content and Services and/or Products purchased on through the Association’s websites and online portals is performed by WooCommerce on behalf of the Association. If your card was issued outside the United States, your payment may be processed via a European acquirer by WooCommerce on behalf of the Association. In any case, delivery of Content and Services as well as Products is performed either by the Association directly or by Rose Law (or other Association) on behalf of the Association.

II. PARAMEDIC LEGAL DEFENSE PLAN COVERAGE

a. The Plan has three (3) levels of Subscriber coverage of prepaid legal services for Association members, which escalate in scope and price as described in Section II.f. below. Subscribers must be licensed as Paramedics by the California Emergency Medical Services Authority (“CalEMSA”) and must pay the current and recurrent Subscription price for the term of membership as a condition of eligibility for Association membership, receipt of Plan benefits, and receipt of Content and Services.

b. Where legal services provided under the Plan include advice or representation of, relating to, or during administrative investigations or proceedings by a Local Emergency Medical Services Agency (“LEMSA”) within California, such agencies include Alameda County EMS Agency, Central California EMS Agency, Coastal Valleys EMS Agency, Contra Costa County EMS Agency, El Dorado County EMS Agency, Imperial County EMS Agency, Inland Counties Emergency Medical Agency, Kern County EMS Agency, Los Angeles County EMS Agency, Marin County EMS Agency, Merced County EMS Agency, Monterey County EMS Agency, Mountain-Valley EMS Agency, Napa County EMS Agency, North Coast EMS Agency, Northern California EMS Agency, Orange County EMS Agency, Riverside County EMS Agency, Sacramento County EMS Agency, San Benito County EMS Agency, San Diego County EMS Agency, San Francisco County EMS Agency, San Joaquin County EMS Agency, San Luis Obispo EMS Agency, San Mateo County EMS Agency, Santa Barbara County EMS Agency, Santa Clara County EMS Agency, Santa Cruz County EMS Agency, Sierra-Sacramento County EMS Agency, Solano County EMS Agency, Tuolumne County EMS Agency, Ventura County EMS Agency, and Yolo County EMS Agency.

c. As used herein, the National Practitioner Data Bank (“NPDB”) means the confidential information clearinghouse maintained by the U.S. Department of Health & Human Services at https://www.npdb.hrsa.gov.

d. As used herein, the National Registry of Emergency Medical Technicians® (“NREMT”) means the non-profit organization certifying licensed paramedics to its registry at https://www.nremt.org.

e. As used herein, the Office of Administrative Hearings (“OAH”) means the State of California agency within the Department of General Services providing general jurisdiction administrative hearings for CalEMSA and some LEMSA’s at https://www.dgs.ca.gov/OAH/.

f. Periodic Subscription Plans and Pricing

1. The Association offers three (3) Plan levels: Advisor (see Section II.g below), Advocate (see Section II.h below), and Advocate+Plus (see Section II.i below). A Subscriber may elect to subscribe to one, but not more than one at any one time, of these Plan levels. A Subscriber may terminate their membership at any time by non-renewal of recurring charges at the conclusion of the chosen Subscription period; provided, however, that all Services and Products, and all Plan benefits, will terminate concurrent with the Subscriber’s non-renewal.

2. Subscribers may elect to pay for and receive Plan benefits on periodic terms of either monthly or yearly. Monthly terms lasts for 30 calendar days inclusive of the first day the Subscriber enrolls and makes payment, and renew automatically with each new timely payment every 30 days thereafter until terminated by either the Subscriber or the Association. Yearly terms lasts for one year inclusive of the first day the Subscriber enrolls and makes payment, and renew automatically with each new timely payment every one year thereafter until terminated by either the Subscriber or the Association. Eligibility for Products and Services, and Plan benefits, immediately ceases should a Subscriber terminate his or her recurring monthly or yearly renewal.

3. Pricing for each Plan level is as published on the Association’s website and updated from time to time. Subscriber rates are guaranteed not to increase for the Subscriber during the Plan renewal period selected by the Subscriber (i.e. monthly or yearly).

4. The Association offers a discount to Subscribers who elect yearly rather than monthly periodic Plan renewal periods, as published on the Association’s website and updated from time to time.

5. You grant the Association payment authorization as described in Section 3 below. All plan subscriptions payments are final and nonrefundable.

g. Advisor Plan Coverage

1. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the exclusions in Section II.j below, the Advisor Plan includes reasonably prompt remote attorney legal advice to the Subscriber, via telephone, email, or videoconference for:

A. Administrative investigation of the Subscriber’s California Paramedic license by CalEMSA;

B. Administrative investigation of the Subscriber’s local Paramedic accreditation by a LEMSA within California;

C. Administrative investigation of the Subscriber’s employment by a California emergency medical services employer or healthcare employer for which the Subscriber’s Paramedic license is a condition of employment;

D. Timely administrative appeals to correct inaccurate information reported by CalEMSA about the Subscriber to the NPDB;

E. Civil lawsuits brought in the California Superior Court or any federal court situated within the State of California against the Subscriber as a named defendant arising from and directly relating to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic; and

F. Criminal charges brought against the Subscriber by any federal or state government prosecutor arising from and directly relating to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic (the “Covered Matters” for the Advisor Plan).

2. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the exclusions in Section II.j below, the Advisor Plan also includes a ten percent (10%) discount from the usual and then-current billing rates of Rose Law (or other Association attorney) for the following additional legal services:

A. Appeals from administrative fines issued against the Subscriber’s Paramedic license by CalEMSA;

B. Administrative defense of Accusations issued against the Subscriber’s Paramedic license by CalEMSA;

C. Administrative defense of Petitions for Temporary Suspension Orders issued against the Subscriber’s Paramedic license by CalEMSA; and

D. Administrative defense of disciplinary action brought against the Subscriber’s NREMT certification by the NREMT in violation of NREMT policies where such disciplinary action arises from and directly relates to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic (the “Discounted Services” under the Advisor Plan).

3. Under the Advisor Plan, Rose Law (or other Association attorney) does not appear as the Subscriber’s counsel of record in any Covered Matter or Discounted Matter unless a separate written legal services agreement is entered into between the Subscriber and Rose Law (or other Association attorney).

4. Remote legal advice and counsel is limited to a reasonable amount of time under the circumstances in the professional judgment of the attorney, but in no event shall exceed one (1) hour per calendar month and/or an aggregate total of three (3) hours per rolling twelve (12) month period.

h. Advocate Plan Coverage

1. In consideration of the Subscriber’s timely and full periodic payment as described in Section  II.f above, and subject the exclusions in Section II.j below, the Advocate Plan includes reasonably prompt attorney legal advice to the Subscriber, via telephone, email, or videoconference, as well as either remote or in-person representation, in Rose Law’s (or other Association attorney’s) discretion, as the Subscriber’s counsel of record for:

A. Administrative investigation of the Subscriber’s California Paramedic license by CalEMSA;

B. Administrative defense of Accusations issued against the Subscriber’s Paramedic license by CalEMSA including preparation and service of a Notice of Defense containing appropriate legal objections together with a request for discovery, assisting the Subscriber with preparation of responses to CalEMSA’s discovery requests, assisting the Subscriber with gathering mitigation material, and settlement negotiations with CalEMSA, but excluding an adversary hearing (i.e., an administrative trial) at the OAH;

C. Appeals from administrative fines issued against the Subscriber’s Paramedic license by CalEMSA including preparation and service of a Notice of Defense containing appropriate legal objections together with a request for discovery, assisting the Subscriber with preparation of responses to CalEMSA’s discovery requests, assisting the Subscriber with gathering mitigation material, and settlement negotiations with CalEMSA, but excluding an adversary hearing (i.e., a trial) at the OAH;

D. Administrative defense of Petitions for Temporary Suspension Orders issued against the Subscriber’s Paramedic license by CalEMSA including preparation and service of a Notice of Defense containing appropriate legal objections together with a request for discovery, assisting the Subscriber with preparation of responses to CalEMSA’s discovery requests, assisting the Subscriber with gathering mitigation material, settlement negotiations with CalEMSA, and an adversary hearing (i.e., a trial) at the OAH solely on the Petition for Temporary Suspension Orders, but excluding an adversary hearing (i.e., a trial) at the OAH on any accompanying Accusation or license matter; and

E. Timely administrative appeals to correct inaccurate information reported by CalEMSA about the Subscriber to the NPDB (the “Covered Matters for the Advocate Plan”).

2. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the exclusions in Section II.j below, the Advocate Plan also includes reasonably prompt remote attorney legal advice to the Subscriber, via telephone, email, or videoconference for:

A. Criminal charges brought against the Subscriber by any federal or state government prosecutor arising from and directly relating to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic; and

B. Administrative investigation of the Subscriber’s local Paramedic accreditation by a LEMSA within California.

C. Sections II.h.2.A and II.h.2.B describe additional “Covered Matters” under the Advocate Plan, subject to the limitations of Section II.h.3.F below.

3. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the Exclusions in Section II.j below, the Advocate Plan also includes a fifteen percent (15%) discount from Rose Law’s (or other Association attorney’s) usual and then-current billing rates for the following additional legal services:

A. Administrative investigation of the Subscriber’s local Paramedic accreditation by a LEMSA within California;

B, Administrative investigation of the Subscriber’s employment by a California emergency medical services or healthcare employer for which the Subscriber’s Paramedic license is a condition of employment;

C. Administrative defense of disciplinary action brought against the Subscriber’s NREMT certification by the NREMT in violation of NREMT policies where such disciplinary action arises from and directly relates to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic;

D. Civil lawsuits brought in the California Superior Court or any federal court situated within the State of California against the Subscriber as a named defendant arising from and directly relating to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic; and

E. Administrative writs of mandate under California Code of Civil procedure section 1094.5 to challenge the final determination of CalEMSA regarding the Subscriber’s Paramedic license (the “Discounted Matters” under the Advocate Plan).

F. Under the Advocate Plan, Rose Law (or other Association attorney) does not appear as the Subscriber’s counsel of record in matters described in Sections II.h.2.A through II.h.3.E, inclusive, unless a separate written legal services agreement is entered into between the Subscriber and Rose Law (or other Association attorney) at the discounted rate for the Covered Matters described in Sections II.h.2.A through II.h.2.B, inclusive, and Discounted Matters.

5. Remote legal advice and counsel is limited to a reasonable amount of time under the circumstances in the professional judgment of the attorney, but in no event shall exceed one (1) hour per calendar month and/or an aggregate total of two (2) hours per rolling twelve (12) month period.

i. Advocate+Plus Plan Coverage

1. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the exclusions in Section II.j below, the Advocate+Plus Plan includes reasonably prompt remote attorney legal advice to the Subscriber, via telephone, email, or videoconference, as well as either remote or in-person representation, in the attorney’s discretion, as the Subscriber’s counsel of record for:

A. Administrative investigation of the Subscriber’s California Paramedic license by CalEMSA;

B. Administrative defense of Accusations issued against the Subscriber’s Paramedic license by CalEMSA including preparation and service of a Notice of Defense containing appropriate legal objections together with a request for discovery, assisting the Subscriber with preparation of responses to CalEMSA’s discovery requests, assisting the Subscriber with gathering mitigation material, settlement negotiations with CalEMSA, and an adversary hearing (i.e., a trial) at the OAH;

C. Appeals from administrative fines issued against the Subscriber’s Paramedic license by CalEMSA including preparation and service of a Notice of Defense containing appropriate legal objections together with a request for discovery, assisting the Subscriber with preparation of responses to CalEMSA’s discovery requests, assisting the Subscriber with gathering mitigation material, and settlement negotiations with CalEMSA, and an adversary hearing (i.e., a trial) at the OAH;

D. Administrative defense of Petitions for Temporary Suspension Orders issued against the Subscriber’s Paramedic license by CalEMSA including preparation and service of a Notice of Defense containing appropriate legal objections together with a request for discovery, assisting the Subscriber with preparation of responses to CalEMSA’s discovery requests, assisting the Subscriber with gathering mitigation material, settlement negotiations with CalEMSA, and an adversary hearing (i.e., a trial) at the OAH; and

E. Timely administrative appeals to correct inaccurate information reported by CalEMSA about the Subscriber to the NPDB (the “Covered Matters under the Advocate+Plus Plan).

2. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the exclusions in Section II.j below, the Advocate+Plus Plan also includes reasonably prompt remote attorney legal advice to the Subscriber, via telephone, email, or videoconference for:

A. Criminal charges brought against the Subscriber by any federal or state government prosecutor arising from and directly relating to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic; and

B. Administrative investigation of the Subscriber’s local Paramedic accreditation by a LEMSA within California.

C. Sections II.i.2.A and II.i.2.B describe additional “Covered Matters” under the Advocate+Plus Plan, subject to the limitations of Section II.i.3.F below.

3. In consideration of the Subscriber’s timely and full periodic payment as described in Section II.f above, and subject the exclusions in Section II.j below, the Advocate+Plus Plan also includes a twenty percent (20%) discount from Rose Law’s (or other Association attorney’s) usual and then-current billing rates for the following additional legal services:

A. Administrative investigation of the Subscriber’s local Paramedic accreditation by a LEMSA within California;

B. Administrative investigation of the Subscriber’s employment by a California emergency medical services or healthcare employer for which the Subscriber’s Paramedic license is a condition of employment;

C. Administrative defense of disciplinary action brought against the Subscriber’s NREMT certification by the NREMT in violation of NREMT policies where such disciplinary action arises from and directly relates to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic;

D. Civil lawsuits brought in the California Superior Court or any federal court situated within the State of California against the Subscriber as a named defendant arising from and directly relating to the Subscriber’s discharge of the Subscriber’s professional duties as a licensed California Paramedic; and

E. Administrative writs of mandate under California Code of Civil procedure section 1094.5 to challenge the final determination of CalEMSA regarding the Subscriber’s Paramedic license (the “Discounted Services” under the Advocate+Plus Plan).

4. Under the Advocate+Plus Plan, Rose Law (or other Association attorneys) do not appear as the Subscriber’s counsel of record in matters described in Sections II.i.2.A through II.i.3.E, inclusive, unless a separate written legal services agreement is entered into between the Subscriber and Rose Law (or other Association attorney) at the discounted rate for the Covered Matters described in Sections II.i.2.A through II.i.2.B, inclusive, and Discounted Matters.

5. Remote legal advice and counsel is limited to a reasonable amount of time under the circumstances in the professional judgment of the attorney, but in no event shall exceed one (1) hour per calendar month and/or an aggregate total of two (2) hours per rolling twelve (12) month period.

j. Exclusions from Plan Benefits

1. In order to be eligible for Plan benefits for a Covered Matter or Discounted Matter, the Subscriber must have made and continue to make, without interruption, all current and timely recurrent periodic payments to the Association for Plan coverage (i) at the time of all events and/or occurrences giving rise to the investigation, discipline, Accusation, petition, or other action leading to the Subscriber’s request for Plan benefits; and (ii) at the time the Subscriber requests Plan benefits from the Association; and (iii)  throughout the course of representation by Rose Law (or other Association attorney) during the pendency of any Covered Matter and/or Discounted for which a Subscriber has requested and/or is receiving Plan benefits. Thus, Subscribers are eligible to receive Plan benefits only on the condition they were active Subscribers both at the time the claim for Plan benefits is made and also at the time the events precipitating the need for Plan benefits first accrued. For the avoidance of doubt, the Plan does not cover or offer discounts for matters that are already threatened, active, pending, or arising from events occurring before initiation of Plan membership.

2. In order to be eligible for continuing Plan benefits for a Covered Matter or Discounted Matter, the Subscriber must maintain, without interruption, all current and timely periodic payments to the Association for at least the same Plan coverage throughout the pendency of the matter or proceeding for which attorney representation is being made.

3. Alleged violations of CalEMSA and/or LEMSA probation are not Covered Matters but are considered Discounted Matters and eligible for discounts according to the Subscriber’s chosen Plan membership level provided that all alleged violation(s) occurred after the Subscriber joined the Plan.

4. Rose Law (or other Association attorneys) shall have no obligation to provide representation to a Subscriber where the Rules of Professional Conduct of the State Bar of California would prohibit such representation.

5. In the event of any legally unresolvable conflict of interest among multiple Subscribers concerning a Covered Matter or Discounted Matter, as determined by Rose Law, the Association and/or Rose Law (or other Association attorney) shall be responsible for providing Plan benefits for only one of the Subscribers (or group of Subscribers whose legal interests are in alignment ), and the other Subscriber(s) whose legal interests are adverse shall receive from the Association, in its sole and absolute discretion, either assignment of another Association attorney or a payment to the Subscriber equal to one-hundred twenty percent (120%) of the total amount of Subscription fees the Subscriber has paid to the Association during the Subscriber’s most recent term of uninterrupted, continuous, and recurring membership, reduced pro rata by any Plan benefits already previously used by the Subscriber.

6. Costs and expenses in Covered Matters and Discounted Matters are in addition to and separate from fees for the professional services of attorneys. Subscribers are responsible for paying all costs and expenses in Covered Matters and Discounted Matters, even they are advanced by the Association and/or Rose Law (or other Association attorney). Costs and expenses include court fees, court fines and sanctions, administrative agency fees, administrative agency cost recovery, administrative agency fines, reporters, transcripts, arbitrators, mediators, experts, investigators, couriers, audio recordings, preparation of any administrative record, and all other case-related charges or expenses that are not fees for the professional services of Rose Law.

k. The Plan is Not Insurance; The Association and Rose Law are not your insurer

1. The Association is not an insurer and the Plan is not insurance of any kind. The Association and Rose Law do not assume any obligation to reimburse any Subscriber for or indemnify any Subscriber against all or any portion of the Subscriber’s fees, costs, and/or expenses related to or arising out of services performed by any attorney, law firm, representative, or advocate that is not Rose Law (or other Association attorney). The Association and Rose Law do not agree to pay, advance, reimburse, or indemnify any Subscriber for any award of damages, costs, fees, fines, monetary penalties, cost recovery, or financial obligations of the Subscriber’s of any kind whatsoever. This Agreement is intended to be a prepaid legal services plan limited to Association members and further limited to matters narrowly relating to the Subscriber’s employment or occupation as a licensed California Paramedic. (See California Insurance Code §§ 119.6 (a) through (e).)

l. Ownership of Content and Services

All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by California Paramedics Association LLC and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contain certain licensed materials and California Paramedics Association LLC’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.

m. Restrictions on Use of Content and Services

1. You may not use the Content and Services for any purpose other than the permitted access to the Plan and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via the Association’s website(s) without the prior consent, in writing, of the Association.

2. You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of the Association, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide matchmaking services for the Content and Services or emulate or redirect the communication protocols used by California Paramedics Association LLC in any network feature of the Content and Services, through protocol emulation, tunneling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose or as part of content aggregation networks, websites or services, without the prior written consent of the Association; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use).

III. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS

All charges incurred on the Association’s website and online portals, and all purchases made from the Association, are payable in advance and final.

a. Payment Authorization

1. When you provide payment information to the Association or to one of its payment processors, you represent to the Association that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Association to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Plan, Content and Services, Products or other fees incurred by you. The Association may require you to provide your address or other information in order to meet its obligations under applicable tax law.

2. For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use or coverage (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that the Association is authorized to charge your credit, or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify the Association promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Association promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.

3. If your use of any Association Products or Content and Services is/are subject to any type of use or sales tax, then the Association may also charge you for those taxes, in addition to the Subscription or other fees.

4. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, the Association may terminate your access to your Account and discontinue your Plan coverage.

b. Responsibility for Charges Associated With Your Account

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Association reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Association will allow you to register again.

c. Notice of Association Charges

A receipt for each payment will be emailed to you and the charge will appear on your bank statement as an “CA PARAMEDICS ASSN.”  You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from us at least ten (10) days prior to the payment being collected. You may cancel these charges recurring charges at any time; provided, however, that there are no refunds of Plan payments previously made.

d. Third-Party Sites

The Association may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to the Association. The Association may also provide access to third-party vendors, who provide content, goods and/or services on the Association’s websites, online portals, or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. The Association makes no representations or warranties, either express or implied, regarding any third-party site. In particular, the Association makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

e. Refunds and Right of Cancellation

You may cancel your subscription prospectively at any time using the Association’s website or by giving written notice to the Association at its principal offices listed in the first paragraph of this Agreement; provided, however, there are no refunds of subscription fees paid before notice of cancellation is actually received by the Association. All sales are final.

IV. ONLINE CONDUCT AND ILLEGAL BEHAVIOR

a. Lawful and ethical online conduct and interaction with other Subscribers should be guided by common sense, basic etiquette, and applicable federal and state laws. They must notably comply with the California Paramedics Association LLC Online Conduct Rules, to be found at https://californiaparamedics.org/online-conduct-policy/.

b. California Paramedics Association LLC may terminate your Account or a particular Subscription for any conduct or activity that is illegal, constitutes a materials misrepresentation, deception, fraud, or otherwise interferes with the rights of other Subscribers. You acknowledge that California Paramedics Association LLC is not required to provide you notice before terminating your Subscription(s) and/or Account.

V. THIRD-PARTY CONTENT

In regard to all Subscriptions, and Content and Services that are not authored by the Association, California Paramedics Association LLC does not screen such third-party content available on third party websites or through other sources. California Paramedics Association LLC assumes no responsibility or liability for such third party content. Some third-party application software is capable of being used by businesses for business purposes – however, you may only acquire such software via the Association for private personal use.

VI. USER GENERATED CONTENT

a. General Provisions

1. Paramedics Legal Defense may provide interfaces and tools for you to be able to generate content and make it available to other members or users and/or to the Association at your sole discretion. “User Generated Content” means any content you make available to other members or users through the Association’s websites or online portals.

2. When you upload your content to the Association’s websites or online portals to make it available to other members, users, and/or to the Association, you grant the Association and its affiliates the worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, for the purpose of the operation, distribution, incorporation as part of and promotion of the Plan, the Association, Rose Law, or other Association offerings, including Subscriptions. This license is granted to the Association as the content is uploaded on the Association’s websites or online portals for the entire duration of the intellectual property rights. It may be terminated if the Association is in breach of the license and has not cured such breach within fourteen (14) days from receiving notice from you sent to the attention of the Association’s Legal Department at the applicable Association LLC address noted at https://californiaparamedics.org/privacy. The termination of said license does not affect the rights of any sub-licensees pursuant to any sub-license granted by the Association prior to termination of the license. The Association is the sole owner of the derivative works created by the Association from your User Generated Content, and is therefore entitled to grant licenses on these derivative works. If you use the Association’s cloud storage, you grant us a license to store your information as part of that service. The Association may place limits on the amount of storage you may use.

3. If you provide the Association with any feedback or suggestions about its services or offerings, its attorneys, the Plan, the Content and Services, or any Association products or services, the Association is free to use the feedback or suggestions however it chooses, without any obligation to account to you.

b. Representations and Warranties

1. You represent and warrant to us that you have sufficient rights in all User Generated Content to grant the Association and other affected parties the licenses described above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Generated Content.

2. You furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law, or regulation.

VII. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY & AGREEMENT

a. Prior to acquiring a Subscription, you should read this Agreement carefully, review the Subscription descriptions  on the Association’s websites, and read user reviews.

1. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALIFORNIA PARAMEDICS ASSOCIATION LLC AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (A) ANY WARRANTY FOR THE PARAMEDIC LEGAL DEFENSE PLAN, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND (B) ANY COMMON LAW DUTIES WITH REGARD TO THE PLAN, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. THE PLAN, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH THE PLAN, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.

ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE IS EXPRESSLY DISCLAIMED.

2. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE ASSOCIATION, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF THE ASSOCIATION’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE PLAN, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE ASSOCIATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLAN, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF THE ASSOCIATION’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF THE ASSOCIATION’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF THE ASSOCIATION’S, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

3. NO GUARANTEES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE ASSOCIAITON NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE PLAN AND THE ASSOCIATION’S WEBSITES AND ONLINE PORTALS, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.

4. NOT INTENDED TO ABROGATE ATTORNEYS’ PROFESSIONAL DUTIES

THESE DISCLAIMERS OF WARRANTY AND GUARANTEES, AND LIMITATIONS OF LIABILITY, ARE NOT INTENDED AND SHALL NOT BE CONSTRUED TO ABROGATE OR VIOLATE ROSE LAW’S (OR OTHER ASSOCIATION ATTORNEYS’) PROFESSIONAL DUTIES UNDER CALIFORNIA BUSINESS AND PROFESSONS CODE SECTION 6068 OR THE RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF CALIFORNIA.

VIII. AMENDMENTS TO THIS AGREEMENT

a. Mutual Amendment

1. This Agreement may at any time be mutually amended by your explicit consent to changes proposed by the Association.

2. Unilateral Amendment

Furthermore, California Paramedics Association LLC may amend this Agreement (including any Subscription terms, Plan benefits, or Privacy Policy) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by California Paramedics Association LLC at least thirty (30) days before the effective date of the amendment. You can view the Agreement at any time at https://californiaparamedics.org/membership-subscription-agreement/. Your failure to cancel your Account prior to the effective date of the amendment will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). California Paramedics Association LLC shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall California Paramedics Association LLC have any obligation to prorate any fees in such circumstances.

IX. TERM AND TERMINATION

a. Term

The term of this Agreement (the “Term”) commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.

b. Termination by You

You may cancel your membership account or participation in the Plan at any time. You may cease use of a Subscription at any time or, if you choose, you may request that California Paramedics Association LLC terminate your access to a Subscription. However, so long as you have an active Covered Matter or matter for legal services for which you are receiving legal services from Rose Law APC (or other Association attorney) you must maintain at least your current Subscription level or the legal services you are receiving under your Subscription will immediately cease, subject to Rules of Professional Conduct of the State Bar of California governing lawyer-client relationships. Your cancellation of a your membership account, or your cessation of use of any Subscription or request that access to, use of, or coverage by a Subscription be terminated, will not entitle you to any refund, including of any Subscription fees. California Paramedics Association LLC reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors, attorneys, or other service providers before your cancellation.

1. Termination by California Paramedics Association

California Paramedics Association LLC may cancel your Account or any particular Subscription(s) at any time in the event that (a) California Paramedics Association LLC ceases providing such Subscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by California Paramedics Association LLC for a violation of this Agreement or improper or illegal activity, no refund of any Subscription fees will be granted.

2. Survival of Terms

Sections II.j, II.k, II.l, II.m, III.e, IV, V, VI, VII, VIII, IX, X, and XI will survive any expiration or termination of this Agreement.

X. APPLICABLE LAW/MEDIATION/JURISDICTION/ATTORNEYS’ FEES

You and California Paramedics Association LLC agree that this Agreement shall be deemed to have been made and executed in the State of California, U.S.A., and California law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all claims arising out of or relating to: (a.) any aspect of the relationship between us; (b.) this Agreement; or (c.) your use of California Paramedics Association LLC, Paramedics Legal Defense Plan, your Account or the Content and Services; except that the U.S. Federal Arbitration Act governs arbitration. Subject to Section XI (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you and California Paramedics Association LLC agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in any state or federal court located in Sacramento County, California, having subject matter jurisdiction. You and California Paramedics Association LLC hereby consent to the exclusive jurisdiction of such courts. In any dispute arising out of or relating to this Agreement, your use of Paramedic Legal Defense Plan, your account, or the Content and Services, each party shall bear his/her/their/its attorneys’ fees and expenses

XI. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER

This Section XI shall apply to the maximum extent permitted by applicable law.

Most member concerns can be resolved by contacting the Association for assistance at 1-800-456-3767 or info@californiaparamedics.org. If the Association is unable to resolve your concerns and a dispute remains between you and the Association and/or Rose Law (or other Association), this Section explains how the parties have agreed to resolve it.

a. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft

1. YOU AND THE ASSOCIATION AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE PLAN, LEGAL SERVICES PROVIDED BY ROSE LAW OR ANY OTHER ATTORNEY OF THE ASSOCIASTION, YOUR ACCOUNT, PRODUCTS OR THE CONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.

2. However, this Section XI does not apply to the following types of claims or disputes, which you or the Association may bring in any court with jurisdiction: (A) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (B) claims related to or arising from any alleged unauthorized use, piracy, or theft.

3. This Section XI does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

4. An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND THE ASSOCIATION ARE GIVING UP THE RIGHT TO SUE IN COURT AND GIVING UP THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

b. Try to Resolve Dispute Informally First

You and the Association agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Association do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Association may commence an arbitration. Written notice to California Paramedics Association LLC must be sent via postal mail to: ATTN: Arbitration Notice, California Paramedics Association LLC, 4092 Bridge Street, Fair Oaks, California 95628.

1. Arbitration Rules and Fees

A. The U.S. Federal Arbitration Act applies to this Section XI. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules, if the Consumer Arbitration rules are inapplicable) of the American Arbitration Association (“AAA”) as modified by this Agreement. Rules are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.

B. The AAA will administer the arbitration.

C. If you seek $10,000 or less, the Association agrees to promptly reimburse your filing fee and your share if any of AAA’s arbitration costs, including arbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more than $10,000 and the AAA Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator compensation, will be split between you and California Paramedics Association LLC according to the AAA Commercial Arbitration Rules.

2. Individual Binding Arbitration Only

A. YOU AND THE ASSOCIATION AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, WHISTLE BLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF AAA’s RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and the Association also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

B. This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.

3. What Happens if Part of Section XI Is Found Illegal or Unenforceable

If any part of Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of Section XI will be unenforceable and the claim or dispute will be resolved in court.

XII. MISCELLANEOUS

a. Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. Section XI.E. governs if some parts of Section XI (Dispute Resolution/Binding Arbitration/Class Action Waiver) are held to be illegal or unenforceable. This Agreement, including any Subscription Terms, and the Association’s Privacy Policy, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

b. The Association’s obligations are subject to existing laws and legal process and The Association may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

c. You agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or Products or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the U.S. Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

d. This Agreement was last updated on December 18, 2020 (“Revision Date”). If you were a Subscriber before the Revision Date, it replaces your existing agreement with the Association on the day that it becomes effective according to Section VIII above.