Ohio Concealed Carry Defense Services, LLC

Service Contract Terms and Conditions

Updated 2/16/2015

 

Carefully read this entire agreement.  This agreement is a retainer for legal services and specifically is not a contract for insurance.  This agreement describes the terms under which Ohio Concealed Carry Defense Services, LLC (“OhioCCDS”) will provide legal representation services (“Service”) provided through our General Counsel to you.  OhioCCDS will provide this Service in accordance with the terms and conditions set forth within this agreement.  This agreement constitutes the entire relationship between you and OhioCCDS.  This Service is only provided if you accept the terms of this Service Contract (“Agreement”).  You accept the terms of this Agreement by hitting “Submit” on our checkout page and paying the initial retainer.  In addition, the period for this agreement begins on the date payment is received.  See Section IX. B. for information on canceling this Agreement.

 

Section I DEFINITIONS AND INTRODUCTION

 

  • Ÿ“You” and “Your” shall refer to the person or persons who accept the terms of this Agreement.  This Agreement shall be construed to cover only the person or persons who have accepted the terms of this Service Agreement.
  • “We”, “Us” and “Our” shall refer to the provider of the services under this Agreement.
  • The “Provider of Services” under this Agreement is the General Counsel of Ohio Concealed Carry Defense Services, LLC.
  • “Domestic Violence” shall refer to Domestic Violence as defined by Ohio Revised Code Section 2919.25.
  • The direct services provided under this Agreement are only available in the State of Ohio.  For events occurring with jurisdiction outside of the State of Ohio, legal services will still be available under this agreement, however, local counsel will have to be retained and all costs and expenses for local counsel will be separately billed and are not covered within the scope of this agreement.
  • ŸThis Agreement is only between you and the Provider of Services under this Agreement.
  • Ohio Concealed Carry Defense Services, LLC is the “Administrator” of this Agreement.
  • The “Service” provided is legal representation services, as described in this Agreement.
  • The “Service Area” as used in this Agreement and any other OhioCCDS advertisement is the State of Ohio.  Any shooting events requiring immediate dispatch of legal counsel shall be covered allowing for reasonable travel time from Columbus, Ohio.
  • “Call-up” refers to the placement of a call by you to the offices of OhioCCDS at 614-905-8795, and the subsequent contact of a licensed attorney with OhioCCDS.
  • Ÿ“Legal Representation Service” is defined as follows:  You must have accepted the terms of this Agreement and maintained a current premium account payment with OhioCCDS and must also be in the possession of a valid License to Carry a Concealed Handgun within the State of Ohio.  You must also have been involved in a legal challenge to the carry of your handgun or a weapon related or use-of-force incident where you have employed your weapon with the intent to defend yourself or a third person from bodily-injury, serious bodily injury, or death.  You must allow appropriate travel time for a licensed attorney to meet you at the scene of a Concealed Carry weapon related or use-of-force incident within the State of Ohio and within the jurisdiction where the weapon related or use-of-force incident took place.

 

Section II WHAT THIS AGREEMENT COVERS

 

A. Delivery of Service:

By accepting the terms of this Agreement, you are consenting to allow OhioCCDS to dispatch an attorney licensed in the State of Ohio to provide legal representation services, which includes initial contact, criminal and civil investigations, and trial of the Concealed Carry weapon related or use-of-force incident.

B. Term of Agreement:

The coverage period for this Agreement will be based on the coverage term you selected.  The coverage period shall begin on the date your payment is received and continue for the appropriate term. You may elect “monthly” coverage, whereby the retainer is paid on a monthly basis. This will provide coverage for one  (1) month period beginning on the date the Agreement and payment are received, and continuing exactly one month after such date, at which time the then current Agreement will serve as the basis for the next month’s period of coverage, should you elect to pay the next month’s retainer. You may elect “yearly” coverage, whereby the retainer is paid on an annual basis.  This will provide coverage for one twelve (12) month period beginning on the date the Agreement and payment are received, and continuing exactly one year after such date, at which time the then current Agreement will serve as the basis for the next year’s period of coverage, should you elect to pay the next year’s retainer.

C. THIS POLICY WILL COVER YOU IN THE EVENT YOU ARE CHARGED WITH MORE THAN ONE OFFENSE, HOWEVER, YOU WILL BE RESPONSIBLE FOR A PRO RATA SHARE OF THE COSTS RELATED TO THE DEFENSE OF ANY OTHER OFFENSES CHARGED OTHER THAN ANY CONCEALED CARRY VIOLATIONS.

 

Section III WHAT THIS AGREEMENT DOES NOT COVER

 

A. THIS AGREEMENT DOES NOT COVER INCIDENTS WHERE ANY FORCE HAS BEEN USED BY YOU AGAINST A MEMBER OF YOUR FAMILY IN AN ACT OF DOMESTIC VIOLENCE.

B. THIS AGREEMENT DOES NOT DIRECTLY COVER ANY INCIDENTS OUTSIDE THE STATE OF OHIO. FOR ANY SUCH INCIDENTS, OHIOCCDS WILL STILL BE AVAILABLE TO ASSIST YOU WITH ANY LEGAL REPRESENTATION, HOWEVER, LOCAL COUNSEL WILL HAVE TO BE RETAINED IN THE APPROPRIATE JURISDICTION FOR DIRECT REPRESENTATION.  ALL DIRECT AND INDIRECT COSTS OF SUCH LOCAL COUNSEL REPRESENTATION WILL BE BORNE BY YOU. 

C. THIS AGREEMENT DOES NOT COVER INCIDENTS OR CONDUCT IF IT IS DETERMINED THAT YOU INTENTIONALLY ENGAGED IN THE COMMISSION OF A CRIMINAL OFFENSE OR ENGAGED IN A CRIMINAL CONSPIRACY. THIS CONTRACT DOES NOT COVER YOU IF YOU ARE INDICTED WITH ANY OF THE FOLLOWING OFFENSES IN THE COURSE OF YOUR WEAPON RELATED OR USE-OF-FORCE INCIDENT: CAPITAL MURDER, ROBBERY, KIDNAPPING, BURGLARY, SEXUAL ASSAULT, THEFT, ARSON, OR ANY VIOLATION RELATED TO CONTROLLED SUBSTANCES, INCLUDING BUT NOT LIMITED TO THE POSSESSION, MANUFACTURE, OR DELIVERY OF A CONTROLLED SUBSTANCE.

D. THIS AGREEMENT DOES NOT COVER ANY WEAPON RELATED OR USE-OF-FORCE INCIDENT THAT RESULTS FROM YOUR EMPLOYMENT WHERE THE CARRYING OF A WEAPON IS AN ELECTIVE OR MANDATORY CONDITION OF YOUR EMPLOYMENT (INCLUDING BUT NOT LIMITED TO EMPLOYMENT AS A SECURITY GUARD). Weapon related or use-of-force events that occur outside the scope of such employment will continue to be covered by this agreement.

 

Section IV WHAT TO DO WHEN YOU REQUIRE LEGAL REPRESENTATION SERVICES

 

To obtain Service, you must follow the procedures set forth in the Legal Representation Services Card provided in your membership packet.   While at the scene of any Concealed Carry weapon related or use-of-force incident where there has been the discharge of your weapon, BEFORE YOU MAKE ANY STATEMENT TO ANY LAW ENFORCEMENT AGENCY, you should immediately call the 24 hour number and notify the on-call staff for OhioCCDS that you have been involved in a Concealed Carry use-of-force incident.  You must have a valid License to Carry a Concealed Handgun within the State of Ohio at the time of the weapon related use-of-force incident.  You must also have a current account with OhioCCDS at the time of the use-of-force incident.  You must also fall within the parameters of a legal weapon that may be possessed by you under your valid License to Carry a Concealed Handgun within the State of Ohio.   OhioCCDS will have a legal representative on-call that will provide advice over the telephone upon receipt of a call-up.  If there has been the actual discharge of a firearm at a Concealed Carry weapon related or use-of-force incident scene by you, a legal representative will meet you within the local relevant jurisdiction of the use-of-force incident.  Your distance from the assigned legal representative will dictate the response time of the legal representative to your location.  You must make every effort to inform the law enforcement agency responding to and investigating the Concealed Carry weapon related or use-of-force incident that you have legal representation and that you will provide them with a statement AFTER you have consulted with legal counsel.

 

Section V YOUR ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES

 

You acknowledge and agree that legal representation service is contingent upon your full satisfaction of the obligations specified in this Agreement.   OHIOCCDS RESERVES THE RIGHT TO REFUSE LEGAL REPRESENTATION SERVICE IF YOU FAIL TO PERFORM ANY OF YOUR OBLIGATIONS, AND OHIOCCDS, ITS EMPLOYEES, AGENTS, CONTRACTORS, AND LEGAL REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGES IF YOU FAIL TO PERFORM ANY OF YOUR OBLIGATIONS.  FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS AGREEMENT MAY RESULT IN SERVICE DELAYS, OR MAY IMPACT YOUR ABILITY TO RECEIVE SERVICE, OR RESULT IN ADDITIONAL CHARGES TO YOU FOR LEGAL REPRESENTATION.

 

Section VI LIMITED SERVICES WARRANTY: DISCLAIMER OF WARRANTIES

 

OhioCCDS warrants only that the Service will be performed in a professional and workmanlike manner, in compliance with the Ohio Rules for the Governance of Attorneys.  NO OTHER EXPRESS WARRANTIES ARE PROVIDED TO YOU.  ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERMS OF THIS SERVICE AGREEMENT.  NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO YOU BY OHIOCCDS OR BY ITS EMPLOYEES, AGENTS, CONTRACTORS, AND LEGAL REPRESENTATIVES, WILL CREATE A WARRANTY BY OHIOCCDS OR INCREASE THE SCOPE OF THIS AGREEMENT.  THIS SERVICE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS UNDER THE LAWS OF THE STATE OF OHIO.

 

Section VII LIMITATION OF LIABILITIES

 

THE LIMIT OF ANY CLAIM UNDER THIS AGREEMENT IS THE COST OF PROVIDING A SOUND AND REASONABLE LEGAL REPRESENTATION FOR THE PURPOSES OF DEFENDING CLAIMS OR CHARGES MADE AGAINST YOU AS THE RESULT OF A CONCEALED CARRY WEAPON RELATED OR USE-OF-FORCE INCIDENT.   PLEASE NOTE; UNDER NO CIRCUMSTANCES IS OHIOCCDS JOINTLY OR SEVERALLY LIABLE FOR ANY OF THE FOLLOWING: (1) THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES; (2) LOSS OF, OR DAMAGE TO, YOUR RECORDS, FILES OR DATA; (3) SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, PROFITS OR SAVINGS) EVEN IF OHIOCCDS IS INFORMED OF THEIR POSSIBILITY.

 

Section VIII ARBITRATION

 

READ THE FOLLOWING ARBITRATION PROVISION (“PROVISION”) CAREFULLY.  IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.   If you have a dispute or claim against any of our employees, agents, contractors, and legal representatives employed to provide service to you under this Agreement and the dispute or claim arises out of, is related to, or concerns any aspect of this Agreement or services performed or not performed under this Agreement, all such disputes or claims shall be submitted to BINDING ARBITRATION.  Any such arbitration shall be held in Columbus, Ohio and no legal proceedings may be instituted except to enforce the award of the arbitrator or to preserve the jurisdiction of any court with existing jurisdiction of any of the parties, whether related or not to this Agreement.   Any and all claims, disputes or controversies of any nature whatsoever (whether in contract, tort or otherwise), including statutory, common law, fraud (whether by misrepresentation or by omission or other intentional tort, property or equitable claims) arising out of, relating to, or in connection with (1) this Agreement or any prior Agreement and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Agreement (“Claim”) shall be resolved by binding arbitration before a single arbitrator.  All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time a claim for legal representation services is made.  The terms of this provision shall control any inconsistency between the AAA’s Rules and this Provision.  You may obtain a copy of the AAA’s Rules by calling (800) 778-7879.  The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law.  If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Arbitration Provision.   This Arbitration Provision shall inure to the benefit of and be binding on you and OhioCCDS and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.   You agree that any arbitration proceeding will only consider your Claims.  Claims by, or on behalf of other individuals will not be arbitrated in any proceeding that is considering your Claims.  You and OhioCCDS understand and agree that because of this Arbitration Provision neither you nor OhioCCDS will have the right to go to Court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any Claim.

 

Section IX GENERAL TERMS

 

A. Retainer:
1. a) Individual Coverage

Individual coverage is available for one eligible individual. You agree to pay OhioCCDS a monthly retainer of Nineteen Dollars ($19.00) per month or an annual retainer of Two Hundred Ten Dollars ($210.00). You will automatically be billed if you sign up online on your renewal date until you cancel your membership.

b) Family Coverage

Family coverage is available for up to two eligible individuals permanently residing in the same residence.  You agree to pay OhioCCDS a monthly retainer of Twenty Nine Dollars ($29.00) per month or an annual retainer of Three Hundred Thirty Dollars ($330.00). You will automatically be billed if you sign up online on your renewal date until you cancel your membership.

c) Family Plus Coverage

Family Plus coverage is available for up to three eligible individuals permanently residing in the same residence.  You agree to pay OhioCCDS a monthly retainer of Thirty Nine Dollars ($39.00) per month or an annual retainer of Four Hundred Fifty Dollars ($450.00). You will automatically be billed if you sign up online on your renewal date until you cancel your membership.

d) Family Gold Coverage

Family Gold coverage is available for up to four eligible individuals permanently residing in the same residence. You agree to pay OhioCCDS a monthly retainer of Forty Nine Dollars ($49.00) per month or an annual retainer of Five Hundred Seventy Dollars ($570.00). You will automatically be billed if you sign up online on your renewal date until you cancel your membership.

  1. This Agreement will automatically renew under the then current terms and conditions, unless you either cancel your membership online or OhioCCDS is notified in writing by you.
  1. The terms of this Agreement or the retainer paid for this contract will not change during the policy period. Any changes that may become necessary will take effect upon renewal and with thirty (30) days written notice to you.
B. Cancellation:
  1. You may cancel this Agreement at any time for any reason by cancelling online at https://ohioccds.com/cancel or by sending us an email at [email protected] You may cancel in writing by sending written notice to: Ohio Concealed Carry Defense Services, LLC, 6475 Perimeter Drive #113, Dublin, Ohio 43016.  Your cancellation will be effective on the date received.
  1. OhioCCDS may cancel this Agreement upon your failure to pay the retainer. If OhioCCDS cancels due to a requirement of a regulatory authority, either State of Federal, your refund will be based upon 100% of the unearned pro rata retainer.
C. Transfer:
  1. You may not transfer this Agreement to another party for any reason at any time. This Agreement is exclusive between you and OhioCCDS.
  1. This Agreement is the complete and exclusive statement of the terms and conditions regarding the Service provided and replaces any prior oral or written communications on that subject.
  1. You agree that OhioCCDS is not responsible for any failure to fulfill the requirements of this Agreement due to causes beyond the control of OhioCCDS. This includes, but is not limited to, unforeseen accidents, force majeure, or acts of war.
  1. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
D. Reimbursement:
  1. There shall be no reimbursement by OhioCCDS and OhioCCDS shall not be responsible for any expenses incurred by you or on your behalf to secure release on bond, bail, property damage, bodily injury, damages that result from any lawsuit to recover civil damages for property damage, damages that result from any lawsuit to recover civil damages for bodily injury, or any other expense incurred by you.

 

Section X DISCLOSURE

 

Prior notice is not required if the reason for cancellation is nonpayment of retainer, a material misrepresentation by you relating to your Ohio License to Carry a Concealed Handgun or your Membership Application, or there is a substantial breach on your part of the terms of this Agreement.

 

Section XI AGREEMENT ADMINISTRATION

 

This Agreement is administered by and all correspondence should be forwarded to:   Ohio Concealed Carry Defense Services, LLC 6475 Perimeter Drive #113 Dublin, OH 43016 Telephone (614) 905-8795 (24 hours per day/7 days per week)   (NOTE:  OhioCCDS reserves the right to add additional numbers to serve you better during the term of this Contract.)