I. Use of the Website
We reserve the right, at our sole discretion, to revise any part of these Terms of Service at any time. You acknowledge that you are responsible for periodically checking our website for revisions and that your continued use of, or access to, our Site or Services constitutes acceptance of the revised Terms of Service. Furthermore, there are two types of paying users dependent on the type of product or service purchased, e.g. Customers and Clients. Simply put, Customers purchase informational/educational products and services that neither constitute legal advice nor create an attorney-client privilege. Clients purchase specialized products and services that may constitute legal advice and create an attorney-client privilege, which are governed by an additional Client Engagement Agreement, as outlined in Section 1.C.
A. Educational/Informational Purposes Only
The website, including resources, services and products provided therein, (collectively, “website:) are for educational and informational purposes only, and not intended as a substitute for legal, business, health or financial advice that can be provided by a relevant and recognized (e.g. licensed) industry professional in your jurisdiction or state.
Furthermore, you acknowledge that the resources, information, products and services provided on the website neither constitute legal advice, nor create an attorney client privilege or relationship. Every effort is made to present accurate information, however, you acknowledge that information is constantly changing, including in the law, and that we are neither liable for any errors or omissions, nor any damages or loss you may incur. Your access and/or use of this site is voluntary and you assume full responsibility for your use or non-use of this site and agree that we are not guaranteeing a specific personal, health, business, financial or legal result, and earning/income statements are not a guarantee of current or future results.
You are strongly encouraged have your own attorney, or other industry professional, in your jurisdiction/state review any of the products or services provided via this website to address any specific questions or concerns related to your situation.
B. Purchase of Informational Products/Services and Refund Policy
Products and services may be purchased online through our website. Informational or educational products will be marked as such, and payment will be immediately due upon ordering. Due to the digital nature of the products, refunds will not be provided. Please review the product description and/or relevant FAQs prior to purchase in order to determine whether a product is right for you and your business. If after reviewing these resources, you have general product questions, please contact us prior to purchase.
Products and services that may include legal advice and/or create an attorney client privilege, including, but not limited to, consultation services, will be clearly marked as such and will be governed by the Client Engagement Agreement, as outlined in Section 1.C.
Regarding events both online and live, you also acknowledge that photography or video recording may take place during the event, including interviews and testimonials. By attending such events, you hereby grant us an irrevocable, world-wide royalty-free license to use your name, likeness, biographical information and voice for publication across any medium, such as print and online, for any purpose including promotions. You also waive any right to approve, or be compensated for, the use or non-use of such content.
C. Purchase of Legal Services, Client Engagement Agreement and Refund Policy
Regarding specific products or services that may include legal advice and/or create an attorney client privilege, including, but not limited to, consultations, you acknowledge these additional terms which constitute the Client Engagement Agreement between us:
- Legal Consultation Services
With respect to consultation services, scheduling an appointment and/or providing payment is not a guarantee of delivery of the consultation services. A Pre-Consultation Questionnaire must be submitted for review prior to the start of any consultation service in order to qualify questions and and ensure that your matter is aligned with services we provide. Please note that whether or not a matter is aligned will be determined at our sole discretion. In the event that a matter is not aligned, the consultation service will be declined, and you may be referred to an attorney referral service for assistance, which may or may not include attorneys with whom we are affiliated. Any affiliate attorneys or firms will be clearly identified. If payment has been made for a consultation service, it will be refunded to you.
If your matter is aligned, you may move forward with scheduling a consultation appointment and a full or partial payment will be immediately due, depending on the type of product or service selected. Upon confirming your appointment and receiving payment, you will be considered a Client and Engagement services will commence.
You also specifically agree that 1) The fees are non-refundable and will be earned by me immediately upon payment and 2) I reserve the right to withdraw from this engagement if payment is not received in a timely manner. You also agree that I will have the right to file a copy of or otherwise disclose this Engagement Letter in any proceeding. I require at least 24 hours notice for any cancellation or rescheduling requests for consultations. No shows and cancellations made less than 24 hours in advance will not receive a refund. Cancellations made within 24-48 hours in advance may receive a 50% refund. Cancellations made greater than 48 hours in advance may receive a full refund. You may reschedule a new consultation for the full price. For pre-paid package consultations, no shows and cancellations made less than 24 hours in advance will not receive a refund, and the relevant session will be forfeited. Cancellations made at least 24 hours in advance may be rescheduled for a future date.
While I’m confident we can work together, please note that you are free to terminate my legal services at any time, and subject to applicable rules of professional conduct governing attorneys, I have the right to withdraw from further representation of you under appropriate circumstances, such as nonpayment. In either event, you will be responsible for any fees or expenses accrued before termination/withdrawal.
- General Waiver of Conflicts
We are not aware of any possible conflict of interest between us and the parties hereto. Further, you understand that all information and communications with us are attorney-client privileged and held in confidence under such privilege. Also, you agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to my work for you, even if the interests of such clients in those other matters may be directly or indirectly adverse to you. We agree, however, that the prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a non-public nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage. You should know that, in similar engagement letters with other clients, we will ask for similar agreements to preserve our ability to represent you.
- Conclusion of Representation; Retention and Disposition of Documents
Unless previously terminated, our representation of you will terminate upon the conclusion of this matter, our written notice to you that the engagement has concluded and the delivery of our final statement for services rendered in connection with this matter, whether by email or other means. Following such termination, any otherwise non-public information you have supplied to us which is retained by us will be kept confidential in accordance with applicable rules of professional conduct for a period of no longer than two (2) years, after which we will close the file. You agree that at the conclusion of the second year period, we may destroy, or otherwise dispose of, these files unless you notify us in writing that you wish to take possession of them. You agree that we reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.
D. Community Guidelines and Intellectual Property
You agree that you will not use, or upload or create content on, the website for any unlawful purpose, including, but not limited to content that infringes the intellectual property or privacy rights of any third parties, is defamatory, obscene, pornographic, unlawfully threatening, harassing or humiliating, hateful, racially or ethnically offensive, or impersonates any person, thing or entity, or creates a risk to anyone’s safety or privacy.
Regarding intellectual property, you retain the rights to the content you provide on or through the website. However, to the extent that you provide us with content, including text, testimonials, photographs, images or other works of authorship, on or through the website or your account, you grant us a worldwide, non-exclusive, assignable, sublicenseable, fully paid up, royalty-free, perpetual, irrevocable, unlimited license to copy, display, reproduce, perform, use and create derivative works from such content without any further notice or obligation to you or any third parties. You also acknowledge that we are under no obligation to use such content.
DMCA/Safe Harbor: We may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your intellectual property rights are being infringed by a user of our website, you may write to our Designated Agent at firstname.lastname@example.org and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the rights owner.
- Identification of the intellectual property rights that have been allegedly infringed.
- The complete URL and/or a sufficiently detailed description of the allegedly infringing Content and its location on our website. Please note that providing our Home Web Address http://www.niksallie.com does not sufficiently identify the allegedly infringing content or where it may be located on our website.
- Your complete name, address, telephone number and a valid email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Please note that we may provide a copy of your DMCA notice or counter notice to the other parties concerned. You acknowledge that we are not in a position to arbitrate disputes between third parties, and that we reserve the right to remove or disable access to any content in violation of this Agreement or applicable law.
You may be liable for damages if you knowingly misrepresent that your intellectual property rights have been infringed or that Content was removed or disabled by mistake. If you are unsure whether your intellectual property rights have been infringed, please contact an attorney for further guidance prior to contacting us. For more information on copyright visit the United States Copyright Office at http://www.copyright.gov and http://www.copyright.gov/circs/.
II. Limitation of Liability, Indemnification & Warranties
A. Limitation of Liability & Warranties
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. The website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our parent, directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract or tort, strict liability or otherwise, arising from your use or non-use of any of the website , including any resources, services and products acquired through the website, or for any other claim including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of use of the Site or Services, including any content or products made available through the Site or Services, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
A. Governing Law; Dispute Resolution
This Agreement shall be governed by the laws of the State of Texas. Any dispute arising from this Agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty (30) days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in Austin, Texas in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Austin, Texas.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
C. Entire Agreement
This Purchase Agreement constitutes the entire Agreement and understanding between Customer and Seller and supersedes any prior or contemporaneous communications, whether oral or written, between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of this Purchase Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of this Purchase Agreement shall not be construed against the drafting party.
Most recent update: October 2019