Law of Self Defense Terms of Service
These Terms of Service define the nature of the relationship between the member (hereafter “Member”) enrolled in the Law of Self Defense Platinum Protection Program or CONSULT Program (collectively and in the alternative, the “Program”) and LOSD LLC, for purposes of Program participation.
Acceptance of these Terms of Service is required for participation in the Program, and enrollment in the Program by the Member is deemed an affirmative acceptance of these Terms of Service.
Law of Self Defense Platinum Protection/CONSULT Program: Brief Description
The Program provides pre-paid, prioritized access to use-of-force legal consultation (hereafter “Consultation”) in the form of expert legal analysis from LOSD LLC to Members for a Covered Use-of-Force Event.
(Note that such Consultation and all related work product is provided not to the Member, but rather directly to the Member’s lead counsel, as described below. The Program provides no legal services of any sort to the Member. The Member alone is responsible for selecting and compensating their lead counsel.)
Covered Use of Force Event: Conditions & Limitations
A Covered Use-of-force Event (“Event”) is any event involving the Member’s actual or alleged threat or use of force which has created criminal or civil liability for the Member, and for which the Member has retained an attorney, when such Event occurs after the start date and before the end date of the Member’s Program enrollment, and while the Member maintains an uninterrupted enrollment in the Program.
The Program will not cover any Event that occurs prior to the Start Date or after the End Date (both defined below) of the Member’s enrollment in the Program.
The Program will not cover any Event for which the Member has not retained, and maintained, representation by lead counsel licensed to practice law in the relevant jurisdiction, independent of LOSD LLC and Attorney Andrew F. Branca.
The Program will not cover any Event beyond the scope of the Member’s personal prospective criminal or civil liability (e.g., the Program does not cover persons or parties other than the Member). Program participation is individual, not family or group, in nature, unless otherwise agreed upon. A Member’s program participation is exclusive to that Member, unless otherwise agreed upon, and may not be sold or otherwise assigned by the Member to any other party under any circumstances.
The Program will not cover any Event, even if it occurs during the period of the Member’s enrollment in the Program if the Program legal consultation is not initiated prior to the End Date (defined below).
Member Start Date & End Date
NON-MONTHLY PAYMENT MEMBERS:
The Start Date (hereafter “Start Date”) of the Member’s Program enrollment is the date on which payment for enrollment is received by LOSD LLC. All fees paid by the Member to the Program are fully earned by LOSD LLC upon receipt. If the Member had entered into a multiple payments option, failure to make any of the payments as scheduled will terminate their membership.
If the member’s enrollment terminates and the Member later renews in the Program, the effective Start Date is the date on which payment for renewed enrollment is received by LOSD LLC (e.g., the enrollment clock starts anew).
The End Date of the Member’s Program enrollment (hereafter “End Date”) is the end of the enrollment period agreed upon when the Member enrolled in the Program, or a date earlier if triggered by other conditions of these Terms of Service. (e.g., Member cancellation of enrollment, Member failure to make an agreed-upon or scheduled payment for enrollment, etc.)
MONTHLY PAYMENT MEMBERS
The Start Date (hereafter “Start Date”) of the monthly payment Member’s Program enrollment is the date on which the first agreed upon payment for enrollment is received by LOSD LLC. If any monthly payment is delayed more than 14 calendar days the membership is re-started with a new Start Date upon receipt of the next monthly payment, and the previously established Start Date is null and void. As a result, interruption and recommencement of monthly payments, as described, results in the Start Date being reset to the date on which the recommenced payment is received.
The End Date (hereafter “End Date”) of the Member’s Program enrollment is one calendar month after the most recent uninterrupted monthly payment is received, or a date earlier if triggered by other conditions of these Terms of Service. (e.g., Member cancellation of enrollment, Member failure to make an agreed-upon or scheduled payment for enrollment, etc.)
It is solely the Member’s responsibility to ensure that payments are made on time. Member care should be taken in this regard with respect to payments being made by credit or debit cards subject to periodic expiration.
Pause for Failure to Maintain Legal Counsel
Where a Program Consultation has been initiated at the request of legal counsel retained by the Member, the Member’s benefits under this Program will be deemed to paused if the lead counsel discontinues representing the member, and re-continued only after the Member has retained new lead counsel.
Termination at Discretion of LOSD LLC
LOSD LLC reserves the right to terminate the participation of any Member in the Program, at its sole discretion. Any such termination shall not apply retroactively.
If a monthly-payment Member’s participation in the Program is terminated at the discretion of LOSD LLC, the Program will cease charging subscription and multi-payment members effective the following month.
If a non-monthly-payment Member’s membership in the Program is terminated at the discretion of LOSD LLC, such Members will be entitled a pro-rated portion of their Program fee refund. This refund will not exceed the difference between the total amount actually paid for the Member’s participation, less the pro-rated portion of the passed period of participation, with that pro-rated deduction from the refund calculated as if the Member had paid the full, undiscounted price for membership.
Legal Consultation Work Product: Description
That legal consultation will generally be an in-depth expert analysis of the use-of-force law issues of the event, usually in the form of a lengthy written report delivered in both printed-and-bound form and as an electronic document. Production and delivery of the report will also be supplemented by additional communication as necessary to explain the reports methodology, analysis, and conclusions.
Program Does NOT Provide Legal Advice
It is important to understand that the Program does not provide legal advice to the Member. Indeed, the Program does not provide legal advice at all.
Rather the Program provides expert legal consultation to the Member’s lead counsel (hereafter, “Lead Counsel”). The Lead Counsel is an attorney licensed to practice law in the relevant jurisdiction who has been retained by the Member independently of LOSD LLC and Attorney Andrew F. Branca in order to provide legal advice to the Member with respect to the Event.
It is solely the Lead Counsel who applies their own legal expertise to determine how best to make use of the Program Consultation work product to advise their client or whether to make use of the work product at all.
Neither LOSD LLC as a business nor Attorney Andrew F. Branca as an attorney will serve as a Member’s Lead Counsel or provide the Member with any legal advice whatever.
Program Reports Directly to Lead Counsel
If the Member and the Lead Counsel agree that they wish to take advantage of the benefits of the Program, the Lead Counsel (not the Member) will contact the Program directly to initiate the legal consultation.
The Program will deliver its consultation work product directly to the lead counsel retained by the Member (not to the Member). The Program will play no role in advising or guiding the Member directly on their legal defense, and will defer to Lead Counsel the provision of all legal advice to the Member.
Completion of Legal Consultation: When Effective
A Consultation initiated under the Program is deemed completed when the final consultation work product, typically an in-depth expert report, is sent to the Member’s Lead Counsel as a printed-and-bound document as well as sent an electronic document. The Program may at its discretion continue to communicate with Lead Counsel to ensure proper understanding of the sent work product after that work product has been sent, but the Consultation is deemed completed when that work product is sent as described.
The Program shall have sole authority to determine when the work product is final, and sufficient and suitable for the purpose intended.
Program is Not Any Form of Insurance or Legal Advice
The Member acknowledges that the Program does not provide any form of insurance nor the provision of legal advice to the Member. The Program is limited to providing expert legal analysis to the Member’s Lead Counsel, as described above, for that Lead Counsel to use, or not, in their best judgment.
No Guarantee of Any Particular Legal Conclusion or Outcome
The Program is committed to providing expert use-of-force analysis, and the work product’s conclusions will apply the relevant law to the facts supported by evidence in the case, to arrive at an expert conclusion. The Program does not commit to any particular legal finding.
The Member acknowledges the Program makes no representations about any particular legal outcome in their particular case. The Member also acknowledges that the Consultation could potentially conclude with the expert opinion that the Member’s use-of-force was unlikely to have been lawful. depending on the relevant law and facts.
In short, the Program provides expert legal analysis; it does not provide a pre-determined legal outcome.
Coverage for Spouse/Significant Other: Notification of Identity Prior to Use-of-Force Event
If a Member’s enrollment in the Program also provides coverage for the Member’s spouse (generally available at additional cost), Program coverage for that spouse will not take effect until evidence satisfactory to LOSD LLC has been provided that the Member and spouse were legally married at the time of the Event.
Effective May 26, 2023, LOSD LLC does not provide coverage for significant others or partners who are not legally married to the Member at the time of the Event. To be covered by the Program such persons would need to arrange for their own personal membership in the Program.
Modification to Terms of Service
LOSD LLC retains the right, at its sole discretion, to modify these Terms of Service from time to time, consistent with maintaining its ability to delivery top quality legal expertise and analysis to Members, consistent with the Program’s core mission. It is our expectation that any such modifications will most likely be for purposes of increased clarity and in response to Members questions for further detail or explanation but do reserve the right to make substantial changes as we in our sole judgment deem appropriate.
30-day Revocation by Member
It is best if these Terms of Service are reviewed and found acceptable by a prospective member in the Program before they enroll. That said, if within 30 days of becoming a member in the Program the Member decides that they do not wish to abide by these Terms of Service they can request and will be granted a 100% refund and revocation of their enrollment in the Program, no questions asked.
If the Member exercises this option it is agreed that it will be deemed that they were never effectively enrolled in the program, and neither LOSD LLC nor Attorney Andrew F. Branca will have no obligation to provide them with any services under the Program.
Enrollment is Deemed Acceptance of Terms of Service
As noted above, acceptance of these Terms of Service are required for enrollment in the Law of Self Defense Program, and in turn enrollment in that program is deemed acceptance of these Terms of Service.