Terms of Contract for Use of Website
Terms of Contract for Use of Website
Last Modified: October 28, 2017
IMPORTANT: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“USER”) AND RUPPRECHT LAW, P.A. (“CORPORATION”), A FLORIDA PROFESSIONAL CORPORATION LOCATED AT 2811 GRANDE PARKWAY, 113, PALM BEACH GARDENS, FL, 33410. THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL GOVERN USER’S USE OF www.jrupprechtlaw.com HEREINAFTER REFERRED TO COLLECTIVELY AS “WEBSITE”. CORPORATION WILL LICENSE ACCESS TO THE USER TO THE WEBSITE IN CONSIDERATION THAT USER AGREES TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL PROVISIONS, USER IS NOT GRANTED PERMISSION TO USE OR ACCESS THE WEBSITE.
2. FINAL AND BINDING ARBITRATION
USER and CORPORATION both agree to final and binding arbitration. This applies to all kinds of claims under any legal theory. Any claim of less than US $10,000 must be resolved exclusively through binding non-appearance based arbitration.
PROCEDURES. Whichever party elects to do arbitration shall initiate arbitration proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules.
ADDITIONAL ARBITRATION PROVISIONS. In addition to the rules and process just stated, USER and CORPORATION agree to the following additional provisions to the arbitration proceedings:
(a) Arbitration may be done by telephone, video conferencing online services (e.g. Skype), or solely by written submissions;
(b) There shall be no personal appearance by either party or witnesses unless both parties agree in writing;
(c) The losing party to the arbitration will pay the prevailing party’s filing fees and reasonable attorney fees;
(d) An arbitrator cannot combine more than one person or CORPORATION’s claim into a single case with USER;
(e) The arbitrator cannot preside over any consolidated, class, or representative arbitration proceedings relating to CORPORATION;
(f) The judgment of the arbitrator can only impact the party that brought the claim, not any other person’s claim.
(g) Judgment by the arbitrator and/or prevailing party’s award for attorney fees and filing fees may be enforced in any court of competent jurisdiction.
If any portion of Section 2 is held to be unenforceable or invalid by a court, the rest of the Agreement will still apply.
3. WAIVER OF CLASS ACTION
IN ARBITRATION OR IN COURT, USER cannot bring a claim as plaintiff or class member in a class action, a consolidated action, or a representative action against CORPORATION.
4. VENUE SELECTION IN THE EVENT THE LEGAL DISPUTE IS NOT SUBJECT TO ARBITRATION. If this arbitration agreement is determined to be invalid, unenforceable, or unqualified, the legal dispute shall be resolved in the federal or state courts in Palm Beach County, Florida subject the provisions in Section 3 describing the waiving of class actions.
USER’s continued use of WEBSITE and courses after updates to this agreement are posted at https://jrupprechtlaw.com/terms-of-contract (“Terms of Contract Page”) shall mean USER accepts any changes. If USER disagrees with the update, USER should cease use of WEBSITE and contact CORPORATION. Because of this, USER agrees to visit the Terms of Contract Page regularly as any updated terms shall supersede all previously agreed to terms.
By using WEBSITE, USER agrees that CORPORATION may communicate with USER electronically solely by updating terms on https://jrupprechtlaw.com/terms-of-contract
If this section is held invalid or unenforceable in any way, the rest of the agreement shall still be valid and in effect and not suffer from any formation issues.
THE WEBSITE AND COURSES ARE “AS IS” AND “AS AVAILABLE.” USER EXPRESSLY UNDERSTANDS AND AGREES THAT USER’S USE OF THE WEBSITE IS AT USER’S SOLE RISK.
CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY) INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT.
CORPORATION DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT:
(A) THE WEBSITE WILL MEET USER’S NEEDS AND/OR COMPUTER REQUIREMENTS;
(B) THE WEBSITE OR ANY THIRD-PARTY SERVICES USED IN CONNECTION WITH WEBSITE WILL BE CONTINUOUS, ACCURATE, NOT INTERRUPTED, DEPENDABLE, TIMELY, RESPONSIVE, SECURE, ERROR-FREE, OMISSION FREE, OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS;
(C) THE WEBSITE ARE FREE OF ERRORS AND/OR OMISSIONS;
(D) ANY ERRORS OR OMISSIONS ON THE WEBSITE WILL BE CORRECTED; AND
(E) THAT RECORDS ON WEBSITE OR THE WEBSITE THEMSELVES WILL NOT BE DELETED OR ALTERED
7. CHILD ONLINE PRIVACY PROTECTION ACT
The WEBSITE is not directed to persons under the age of eighteen (18). The terms of the license of this agreement require the USER to be 18 years or older.
8. STATUTE OF LIMITATIONS.
Any claim, cause of action, or arbitration proceeding (because of or related to the use of) the WEBSITE, the terms, any products, or services or information available through third party services connected to WEBSITE, MUST be filed within 1 year after such claim or cause or action HAPPENED, not discovered, regardless of any federal or state statutes or law. If not commenced timely, the claim, cause of action, or arbitration proceeding shall be forever legally barred anywhere.
9. SPECIFIC OBLIGATIONS OF USERS
USER represents that USER:
-Is 18 years of age or older and has the legal capacity to enter into contracts.
-Will need to register and obtain an account and password.
-Will give only accurate and true information during the registration process.
-Is solely responsible for maintaining the confidentiality of the account and password.
-Will keep the account and email address information accurate at all times.
-Will notify CORPORATION of any unauthorized use of USER’s account.
– Will not transfer account and password information to another person.
-Will not use another person’s account at any time.
-Will not submit any offensive, false, defamatory or libelous information to a review or survey.
-Is not a competitor of CORPORATION including, but not limited to, a lawyer, law firm, form service, publisher, consultant, etc.
-Will not use the information gained from WEBSITE to compete with CORPORATION.
-Will not sell, display, or share account and password to anyone.
-Will not scrape, copy, publicly display, compile a database, hack, crawl, reproduce, frame, prepare derivative works of WEBSITE in entirety or in part.
-Will not introduce any virus, trojan, worm, spyware, or conduct any other form of malicious activity toward CORPORATION and/or WEBSITE.
-Will comply with any and all international, national, state, and local laws and regulations.
-Will not use WEBSITE for anything else not expressly granted in this agreement.
-Will pay all applicable fees, payments, and taxes as listed in Section 10 Fees, Payment, & Taxes.
-Agrees to the provisions in Section 12.
A violation of any of the above specific obligations of the USER may result in the immediate termination of account, password, and records on WEBSITE.
10. FEES, PAYMENT, & TAXES
For the license to access the exclusive courses on WEBSITE, USER will have to pay the fee listed at the time of purchase and agree to the terms of this agreement.
CORPORATION reserves the right to change the fee in the future, even to free. ALL FEES ARE NON-CANCELLABLE AND NON-REFUNDABLE.
USER is solely responsible for all service, telephone, data charges or other fees and costs associated with USER’s access to and use of the WEBSITE.
Payment is only required to gain access and use of courses on WEBSITE. USER agrees to provide the CORPORATION with valid, current, and complete credit card/debit card billing information. USER authorizes CORPORATION to bill their credit card/debit card CORPORATION for the amount billed on WEBSITE for access to courses. Access to the courses will ONLY be given to USER when USER’s credit card /debit card CORPORATION pays the amount billed. CORPORATION may use payment processors such as Paypal or Stripe.
USER is NOT responsible for taxes on CORPORATION’s profits but USER is responsible for all other applicable taxes, including but not limited to, sales, use, transfer or other taxes, at any level such as, but not limited to, international, national, state, county, city, or local which are created by this agreement.
11. LICENSE GRANTED TO USER
CORPORATION IS WILLING TO LICENSE ACCESS TO THE USER TO THE WEBSITE IN CONSIDERATION OF USER AGREEING TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF USER DOES NOT AGREE, USER IS NOT GRANTED PERMISSION TO USE OR ACCESS THE WEBSITE.
All rights not expressly granted to USER are reserved to CORPORATION. The terms and/or sections do not grant any implied licenses.
USER will be granted a limited, non-exclusive, revocable, non-assignable, non-transferable, and non-sublicensable right to access courses paid for.
USER’s license is revoked when USER request a refund even though CORPORATION does NOT grant refunds.
Any material downloaded from WEBSITE is considered licensed for USER’s personal and non-commercial use. USER is not licensed to reproduce, redistribute, transmit, assign, rent, share, lend, sublicense, scrape, copy, publicly display, compile a database, hack, crawl, reproduce, frame, prepare derivative works of WEBSITE or its courses in entirety or in part.
12. GEOGRAPHICAL RESTRICTIONS ON USERS
USER warrants that they are not located in or under the control of a foreign national or resident of the below mentioned countries or on any of the below mentioned lists.
(a) The country of, or a resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or
(b) Anyone on:
1. The United States Treasury Department’s list of Specially Designated Nationals or
2. The United States Commerce Department’s Table of Deny Orders.
USER agrees to not export/transfer any information to either (a) or (b).
CORPORATION does not know the legality of the information OUTSIDE of the United States so USER is responsible for compliance with local laws.
This Agreement will remain in full force and effect so long as the WEBSITE and courses are in operation.
14. LIMITATIONS ON LIABILITIES
CORPORATION DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO USER’S USE OF WEBSITE, COURSE, AND/OR THIRD PARTY SERVICES, PRODUCTS, PLATFORMS CONNECTED TO WEBSITE, ANY SERVICES PURCHASED THROUGH THIRD PARTIES, OR ANY PRODUCTS PURCHASED THROUGH THIRD PARTIES.
-CORPORATION’S SUBSIDIARIES, AFFILIATES, LICENSORS, ASSIGNS, SUPPLIERS, ADVERTISERS, OR SPONSORS,
-CORPORATION’S DIRECTORS, OFFICERS, EMPLOYEES, SUB-CONTRACTORS, CONSULTANTS, ASSIGNS, OR AGENTS
ARE RESPONSIBLE OR LIABLE FOR ANY:
UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, WEBSITE, COURSE, SERVICES, AND/OR MATERIALS.
15. NO ESTABLISHMENT OF CONFIDENTIALITY OR ATTORNEY-CLIENT RELATIONSHIP BY USE OF WEBSITE
By use of WEBSITE, USER acknowledges that no attorney-client relationship is formed. Neither USER’s receipt of information from WEBSITE, nor USER’s use of WEBSITE to contact CORPORATION or one of its lawyers creates an attorney-client relationship between USER and the CORPORATION. Furthermore, USER acknowledges and agrees that purchasing access or use of courses, documents, and/or videos from CORPORATION does not form an attorney-client relationship.
USER will become a client of Rupprecht Law, P.A. only if and when USER signs an engagement agreement setting forth the scope of the Firm’s engagement, the fee arrangement, and other relevant matters.
USER may NOT use WEBSITES to provide confidential information about a legal matter of USER to the CORPORATION. USER’s use or access of WEBSITE does not make USER a client of the CORPORATION or even a prospective client of the CORPORATION. If USER has confidential information that USER would like to give to any lawyer at CORPORATION, please communicate with one if the Firm’s lawyers in person or by telephone–not by filling in any form on WEBSITE or by sending an unsolicited email to the Firm or any of its lawyers.
16. NOT LEGAL ADVICE
All information on WEBSITE is not legal advice. WEBSITE includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. USER needs to contact a lawyer licensed in USER’s jurisdiction for advice on specific legal issues problems.
The information provided is provided generally but is not specific to USER. If USER needs legal help, USER should contact a licensed attorney in USER’s state because there are many variations on the law and legal principles across the United States. USER acknowledges CORPORATION does not make any claim that the information on WEBSITE will make USER legally compliant with laws or regulations around the United States or internationally.
17. INTELLECTUAL PROPERTY RIGHTS
To the best of CORPORATION’s knowledge, any materials or intellectual property created are original or appropriately licensed and do not infringe upon the intellectual property rights of others.
Unless USER is given prior approval, all rights are reserved to CORPORATION. USER may not edit, change, create derivative works of, or obscure the trademarks, service marks, trade names, trade dress, or logos or link to any of them.
18. LICENSE TO USE YOUR CONTENT OR IDEAS
USER agrees that by submitting any ideas or any concepts to CORPORATION via review, survey, or email, USER grants CORPORATION a license. USER understands and agrees that CORPORATION will not compensate for this license. The license will be perpetual, worldwide, non-exclusive, royalty free, sublicensable, assignable, and transferable license to use, reproduce, distribute, sell, exploit, create derivative works of, or display the USER’s idea or concepts in connection with the WEBSITE or courses which may include, but not be limited to, promotions, or redistribution in any other media format or channels.
19. INDEMNIFICATION & HOLD HARMLESS
USER agrees to indemnify, defend, and hold harmless the following entities: CORPORATION, Its shareholders, Officers, Partners, Directors, Employees, Contractors, Agents, Affiliates, Licensors, Contractors, Heirs, Successors, and Assigns from and against any and all legal claims, causes of actions, demands, losses, liabilities, damages, or expenses (including, but not limited to, attorney’s fees, expert witness fees, or costs) of any nature whatsoever directly or indirectly or incurred by CORPORATION which arise directly or indirectly, in whole or in part, out of USER’s:
-Breach of any of the provisions of this agreement,
-Use of website or course,
-Breach of any obligation formed by this agreement,
-Reliance upon advice, training, or technique provided through the website or course,
-Violation of any provision of this agreement, OR
-Violation of any law internationally or within the United States (such as but not limited to, statutes, regulations, ordinances, etc.).
USER’s obligation to defend CORPORATION does not in any way give USER the ability to control CORPORATION’s defense strategy or selection of legal counsel. USER agrees to fully cooperate as reasonably required with CORPORATION’s strategy, selection of the attorney, and in asserting or not asserting any available defenses or counterclaims. CORPORATION retains the right to determine the order of USER paying for any of the above costs to any of the parties listed above and USER agrees to cooperate with the payment order.
This section shall also be effective against USER’s heirs, assigns, successors, or representatives. USER’s obligations under this section shall survive the termination of this agreement.
CORPORATION may assign any rights and obligations originating from this agreement to another person. USER fully acknowledges and understands that USER’s rights and obligations originating from this agreement CANNOT be assigned to another person.
21. TERMINATION & PROVISIONS SURVIVING TERMINATION
CORPORATION reserves the right to terminate, suspend, modify, or delete, at CORPORATION’s sole discretion:
(1) Content, data, and material submitted by USER; and
(2) USER’s access to WEBSITE or USER’s course account because of:
(A) USER breaching any of the provisions of this agreement; OR
(B) USER terminating USER’s use of the WEBSITE or access to courses at any time, either by ceasing to access them or by deleting USER’s Account.
CORPORATION may act immediately on USER’s access to website or use of account without notifying USER. USER agrees that CORPORATION shall not be in any way liable to USER for purchases. If USER is terminated, USER understands and agrees USER will not be:
-Compensated in any way; or
-Eligible for any refund for courses purchased.
CORPORATION has no obligation to retain any of USER’s account, data, material, content for any period of time.
Following termination, all applicable provisions such as, but not limited to, final and binding arbitration, waiver of class action, venue selection, proprietary rights, payment or accrual of fees, statute of limitations, disclaimer of warranty, indemnification, holding harmless, severability, limitation of liability, waiver, agreement not to compete, or license to use USER’s content or ideas shall survive the termination of this agreement.
22. FORCE MAJEURE
USER agrees to not hold CORPORATION liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by events outside of CORPORATION’s reasonable control.
Events would be, but not limited to, restrictions by law, acts of God, terrorist attack, storms, internet service provider failure, third-party services breakdowns, fire, labor disputes, or other similar events.
23. WEBSITE AND SYSTEM OUTAGES
There may be updates or maintenance done to the WEBSITE’s hosting services, payment processors, email service provider, or other services, which may result in WEBSITE being inaccessible or unusable. WEBSITE, third-party services associated with WEBSITE, internet service providers, or systems connected to WEBSITE may have outages.
USER agrees that CORPORATION cannot be liable for: (1) any unavailability, any inaccessibility, or outages of WEBSITE, third-party services associated with WEBSITE, internet service providers, or systems connected to WEBSITE, (2) any loss, delay, or misdelivery of data or transactions as a result of any unavailability, any inaccessibility, or outages of WEBSITE, third-party services associated with WEBSITE, internet service providers, or systems connected to WEBSITE, or (3) any outages caused by any third parties, including without limitation, any companies or any servers hosting WEBSITE, any internet service providers, any payment processors, any email service providers, or any internet facilities and networks.
24. AGREEMENT NOT TO COMPETE
If USER is granted access to any course, regardless of whether USER paid for access or not, on WEBSITE, USER agrees to not compete with CORPORATION in regards to providing a course similar to the course USER has access to. Compete means to provide or create, for compensation or without compensation, similar material or derivative works of courses on WEBSITE in any format including but not limited to, online, in person, or self-study via study material. This agreement to not compete is valid for 364 days through the entire United States since CORPORATION’s business is throughout the United States.
If any provision of this agreement is found to be illegal, void, or unenforceable, then that specific provision shall be deemed severable from this agreement and shall not affect the legality, validity, or enforceability of any remaining provisions of the agreement.
26. THIRD PARTY LINKS
WEBSITE may contain links to third-party WEBSITE, products, services, or applications. Some of these may be affiliate links which means that if USER purchases a product by clicking through one of the links, CORPORATION makes some money off the sale with no additional cost to USER. USER agrees that CORPORATION cannot be held liable for any damages resulting from the use of third-party WEBSITE, products, services, or applications.
USER acknowledges and agrees to the use by CORPORATION of affiliate links on the WEBSITE to third-party WEBSITE, products, services, or applications.
27. PERMISSION TO CONTACT USER
USER agrees to let CORPORATION contact USER. This also means USER agrees to be added to CORPORATION’s newsletter.
USER’s license is revoked when USER request a refund. All fees are non-cancellable and non-refundable.
29. ENTIRE AGREEMENT.
This agreement is the ENTIRE agreement between USER and CORPORATION regarding WEBSITE. This agreement shall supersede all previous written or oral agreements, all previous or contemporaneous understandings, representations, warranties, and terms and conditions.
Any provision of this agreement may be waived but only by a written instrument executed by the party entitled to the benefit of the right or provision. The failure of either party to exercise or enforce any right or provision of this agreement will NOT constitute a waiver of any right or provision.
This contract does NOT form any partnership, joint venture, agency, legal representation, or employment or sub-contractor relationship with the other party.
32. DATA RETENTION AND REQUEST
If USER cancels USER’s account or stops using CORPORATION’s WEBSITE, CORPORATION is not obligated to preserve any of USER’s data. After termination, CORPORATION is not required to provide USER with the data associated with USER’s account.
33. NO GUARANTEE OF RESULTS.
Some of the information on WEBSITE describe past matters handled by CORPORATION. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. USER must not assume that a similar result can be obtained in a legal matter of interest to USER. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.