PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (“THIS AGREEMENT”) CAREFULLY BEFORE USING THE Borowitz & Clark WEBSITE. These terms explain your (and our) rights under this Agreement, and make certain disclosures required by the law. By using the Site, you give your assent to the terms of this Agreement. If you do not agree to these terms, you may not use the Site. Borowitz & Clark has the right, in our sole discretion, to modify, add, or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site signifies your acceptance of any such changes.

This website and information contained therein is not intended as, and does not constitute, either legal advice or a solicitation of any particular prospective client. An attorney/client relationship with this entity cannot be formed by reading or responding to this information page.

Borowitz & Clark is a trade name used by Borowitz & Clark, LLP, a law firm practicing law in Southern California.

Although this site provides valuable information in its books, blogs, online questions and answers and forum, you must understand that this is not legal advice. Moreover, reading this content will not establish an attorney-client relationship between you and Borowitz & Clark, LLP or any of its attorneys. The only way that Borowitz & Clark, LLP or its attorneys can give you legal advice is if you hire them. To hire them, you must sign a written agreement, called a retainer agreement, which sets forth the terms of representation and the details of the attorney-client relationship, including the cost.

Only after you have hired Borowitz & Clark, LLP or its attorney(s) as your bankruptcy attorney by signing a retainer agreement, will they be able to give you legal advice. Until that time, however, the materials can only by providing useful information about bankruptcy and how to deal with creditors.

By accepting these Terms & Conditions we may send future newsletters and information. You will not have your information sold, or be spammed.

The outcomes of select cases are described in different portions of this site. However, prior results do not guarantee a similar outcome.

Additionally, certain links provided on this site will launch internet sites that are not under the control of Borowitz & Clark, LLP. This site provides these outside links solely as a convenience to its users. Such links are not an endorsement of a particular site or any of the contents, products, or services contained or offered in such sites. Borowitz & Clark, LLP is a debt relief agency created to help people file for bankruptcy protection.

The attorney responsible for the content of this website is M. Erik Clark.

Borowitz & Clark Messaging Terms & Conditions

Effective Date: January 05, 2022

This SMS message program is a service of Borowitz & Clark. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Borowitz & Clark. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Borowitz & Clark permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Borowitz & Clark reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Borowitz & Clark also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Borowitz & Clark, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Borowitz & Clark messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Borowitz & Clark Terms of Use and Borowitz & Clark Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Borowitz & Clark and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Borowitz & Clark through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Borowitz & Clark OR ANY PARTY ACTING ON BEHALF OF Borowitz & Clark BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Borowitz & Clark HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Borowitz & Clark HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Borowitz & Clark MESSAGING PROGRAM. Borowitz & Clark AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Borowitz & Clark, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Borowitz & Clark or its service providers.

Dispute Resolution

General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Borowitz & Clark or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Borowitz & Clark ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Borowitz & Clark to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Borowitz & Clark will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND Borowitz & Clark AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Borowitz & Clark agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Borowitz & Clark are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND Borowitz & Clark AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Borowitz & Clark agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Borowitz & Clark makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Borowitz & Clark’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Borowitz & Clark.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Borowitz & Clark after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Borowitz & Clark concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at hct.borowitzclark@gmail.com or write to us at: 100 North Barranca Suite 250, West Covina, CA 91791.