Last Updated on October 1, 2022
Please read these Terms & Conditions carefully before accessing or using Taylor the Attorney’s (hereinafter “Taylor the Attorney”) Website (the “Website”).
These terms and conditions govern all use of the Website and/or any associated email addresses connected to the Website and all content and Legal Services & Products sold by Taylor the Attorney:
- By accessing or using any part of this Website or downloading any text, character, document, video, course, webinar, workshop, Legal Services & Products from Taylor the Attorney’s Website, you agree to become bound by the terms and conditions of this agreement.
- If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the information found on the Website for any purpose and you may be prohibited from using this Website.
GENERAL PROVISIONS. This Website is owned and operated by the Taylor the Attorney, LLC. Our principal place of business is located at 803 E. Liberty St., Ste. 200 Round Rock, TX 78664.
Age Requirements. You must be 13 years of age to use our Website, but 18 or over to make a purchase. If you are under 13 years of age, you are not authorized to use the Legal Services & Products, with or without registering. In addition, if you are under 18 years old, you may use the Legal Services & Products, with or without registering, only with the approval of your parent or guardian.
Services & Products. This Website contains Legal Services & Products & Products for sale. The term “Legal Services & Products & Products” as stated herein refers to all legal templates (from the DIY Legal Template Bar), ebooks (from Guides & Roadmaps), audio or video content (from Workshops and Instructional Videos), any Legal Services & Products offered including Done-In-A-Day services and all associated services with the Legal Subscription.
Representation. Client understands that Attorney will be providing educational content to Client and that Attorney’s obligations under this Agreement exist only during the pendency of your legal subscription and thereafter the Attorney’s obligations to the Client cease and terminate.
Notice. The State Bar Act requires that Texas attorneys give notice to their clients that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar’s Office of General Counsel will provide information about how to file a complaint by calling 1-800-932-1900 toll free.
Disclaimer. Because Taylor is an attorney, there are certain statements that she is bound by both law + ethics to disclose: (1) Taylor is a licensed attorney only in the State of Texas, and in no other state or nation other than Texas. (2) You do not in any way become a client of the Attorney by downloading any content from this Website, including making a purchase of a Legal Services & Products, and Taylor is not obligated in any way as your Attorney at any time. (3) Unless your business operates out of, or its located within, the state of Texas, do not take any statements made or guidance given on your specific situation as legal advice. If you need legal advice, contact a licensed attorney in your state.
Changes. Taylor the Attorney, reserves the right, in its sole discretion, to change the Terms & Conditions under which http://www.TaylortheAttorney.com is offered. The most current version of the Terms & Conditions will supersede all previous versions. Taylor the Attorney encourages you to periodically review these Terms & Conditions to stay informed of our updates. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Termination. We may terminate or suspend access to our Website immediately, without prior notice or liability for any reason whatsoever, including without limitation if you breach these terms. All provisions of the terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
COMMUNITY STANDARDS + CONDUCT GUIDELINES. Your privilege to use and contribute to this Website depends on your compliance with these Community Standards and Conduct Guidelines set forth below. Taylor may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these Community Standards and Conduct Guidelines if violations are brought to our attention.
The term “User Conduct” applies to User’s Conduct both directly and in relation to the Website and in connection with any Legal Services & Products downloads or content found on the Website. You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Website;
- modify, distribute, or re-post any content on the Website for any purpose; or
- use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree to the following Community Standards and Conduct Guidelines:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any Legal Services & Products, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked Websites;
- not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Websites;
- not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any Taylor the Attorney trademark, logo, or other proprietary information (including the images found at the Website, the content of any text, or the layout/design of any page or form contained on a page) without Taylor the Attorney’s express written consent;
- not to use meta tags or any other “hidden text” utilizing a Taylor the Attorney name, trademark, or product name without Taylor the Attorney’s express written consent;
- not to deeplink to this Website without Taylor the Attorney’s express written consent;
- not to create or use a false identity on this Website, share your account information, or allow any person besides yourself to use your account to access the Website;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- Upload, post, email or otherwise transmit any postings or other materials that are knowingly false and/or defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, injuries, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of The Extra Blog, LLC, Taylor the Attorney, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Taylor the Attorney, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
- Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of this Website; or
- Collect or store personal data or attempt to collect or store personal data about other users of the Website.
MEMBER ACCOUNT REGISTRATION & OPERATION
You understand that you may need to create an account to have access to all of the parts of the Website, including any downloads.
Your Password and User Account. If you are a registered user or subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
User Obligations. In consideration of your use of the Website, you will:
(a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Notice. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
USER CONTENT. The term “User Content” refers to all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website or Taylor the Attorney social media accounts, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted.
Right & Title. With respect to any User Content, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights, trademarks, patents and rights of publicity contained therein.
License. By uploading any User Content you hereby grant and will grant Taylor the Attorney, its affiliated companies and partners (including but not limited to Taylor the Attorney instructors, practitioners and other third parties providing instructional information through the Legal Services & Products, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
Without limitation of the foregoing, you grant us and our successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual, publicity and/or proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to, or recognition of, the provider of the Submissions.
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website and you acknowledge that a violation of these Community Standards and Conduct Guidelines may result in a termination of your use of the Website or a complete ban.
We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss, injury or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
By purchasing digital products from Taylor the Attorney (including free purchases] and sending emails to Taylor the Attorney you consent to receive electronic communications, which may include newsletters or other promotional materials. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SITES
The Website may contain bulletin board Websites, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Websites”). You agree to use the Communication Websites only to post, send and receive messages and material that are proper and related to the particular Communication Website.
By way of example, and not as a limitation, you agree that when using a Communication Website, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or Websites for any business purpose, unless such Communication Website specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Website that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Websites; violate any code of conduct or other guidelines which may be applicable for any particular Communication Website; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Taylor the Attorney, has no obligation to monitor the Communication Websites. However, we reserve the right to review materials posted to a Communication Website and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Websites at any time without notice for any reason whatsoever.
Taylor the Attorney, reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Taylor the Attorney, ’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Website. Taylor the Attorney, does not control or endorse the content, messages or information found in any Communication Website and, therefore, Taylor the Attorney, specifically disclaims any liability with regard to the Communication Websites and any actions resulting from your participation in any Communication Website. Managers and hosts are not authorized Taylor the Attorney, spokespersons, and their views do not necessarily reflect those of Taylor the Attorney, .
Materials uploaded to a Communication Website may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
The Legal Services & Products may include certain services that are available via a mobile device, including:
(i) the ability to upload content to Legal Services & Products platforms or the Website via a mobile device;
(ii) the ability to browse Legal Services & Products and the Website from a mobile device;
(iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”); and
(iv) the ability to send text and/or audio messages to the Attorney via Voxer.
To the extent you access the Legal Services & Products through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Taylor the Attorney and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Taylor the Attorney account information to ensure that your messages are not sent to the person that acquires your old number.
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Taylor the Attorney shall have no liability or responsibility for the privacy practices or other actions of any third party Website or service that may be enabled within the Social Networking Service.
In addition, Taylor the Attorney is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any Social Networking Services. As such, Taylor the Attorney is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Taylor the Attorney enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
This Website is controlled, operated, and administered by Taylor the Attorney from its offices within the United States of America. Taylor the Attorney makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
AFFILIATE & THIRD PARTY LINKS
Affiliate Links. Taylor the Attorney is a part of affiliate advertising programs. This means that if you click and/or make a purchase through certain links on this Website or any related social media platforms, I have the potential to make a commission from that click and/or purchase.
Third Party Links. Taylor the Attorney, has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web Websites or Websites. We do not warrant the offerings of any of these entities/individuals or their Websites.
You acknowledge and agree that Taylor the Attorney, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Websites available on or through any such third party web Websites or Websites.
We strongly advise you to read the terms and conditions and privacy policies of any third party web Websites or Websites that you visit.
STORAGE & USE OF ELECTRONIC DATA. Client is aware of and consents to the retention, maintenance, and storage of client’s information and records relating to this matter in the following forms and locations: Paper (in office and/or storage files); electronic (e.g., computer, handheld devices for email, fax, and via the Internet using cloud storage); or other like mediums. Attorney will endeavor to take all steps necessary to preserve and maintain the confidentiality of all Client information and records, however, Client recognizes and agrees that such information and records are subject to unauthorized access outside the control of Attorney and agrees to hold Attorney harmless from any non-Attorney caused breaches of confidentiality of Client information and records.
All purchases must be made by customers 18 years of age or older. By purchasing Legal Services & Products with Taylor the Attorney, the customer agrees to the required age minimum for purchases. Payments are in the amounts listed on the Legal Services & Products pages at http://www.TaylortheAttorney.com.
Payment Processing: Attorney uses payment processing services such as Paypal, ApplePal, GooglePay and Stripe. Attorney reserves the right to modify the electronic payment methods & processes and may change the selected payment processors at any time.
Refund Policy: All sales final, no refunds; full payment is due upon download and prior to any Legal Services & Products being delivered or performed. At any time, and for any reason, the Attorney may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstances.
Authorization To Maintain Information. When you make a Legal Subscription purchase, we will store and maintain your credit card information on file for monthly fees and any other fees under these Terms & Conditions. If we store Credit Card information, we will do it as per PCI security standards in encrypted format. • The credit card information provided by you to Taylor the Attorney will be stored in a confidential manner. Taylor’s employees may access such information only when there is an appropriate business reason to do so, such as when a refund must be issued back to the credit card. The Attorney maintains physical, electronic and procedural safeguards to protect your information, and our employees are required to follow these privacy standards.
Chargebacks. You understand and agree that in the event that you initiate a chargeback and/or merchant dispute with your issuing bank for any products available on this Website that you have in fact received and owe payment for, and you are successful in recovering the disputed funds that would otherwise be owed to Taylor the Attorney, we will make every effort to provide documentation to the issuing bank that you did receive delivery of your products including this Chargeback Policy, as well as our Refund Policy. All fraud including credit card fraud will not be accepted by the Attorney and as such will be fully investigated and pursued under the applicable laws to its fullest extent. Any losses resulting on the Client’s behalf will be fully pursued in a civil lawsuit to claim back any losses incurred covering all business, legal fees, research costs, human resource and loss of income. Any chargebacks made to the Attorney will be regarded as fraudulent if no attempt is made by the Client to help solve any issues related to a deposit.
Further, the Attorney reserves the right to charge a fee “chargeback fee” if a chargeback is placed with your credit card Attorney (either intentionally or unintentionally) for any deposit made to your account. The chargeback fee will be comprised of the “administration fee” of [$50.00] and the fee in the amount of one (1) percent of the transaction’s total purchase price. The Admin Fee will be used to cover all investigative expenses to prove that the deposit was made by the Client upon receiving the chargeback from the Attorney’s merchant provider/payment service provider and the Chargeback Fee is used to cover the fee charged to the Attorney during this process. In case of pre-arbitration, additional fees may apply from the card processor. This fee will be used to cover all investigative expenses to prove that the deposit was made by you upon receiving the chargeback from our merchant provider.
Full Price Of Legal Services & Products. Taylor the Attorney reserves the right to issue you an invoice or autocharge your credit card on file (if on file) for the full price of any and all Legal Services & Products that Taylor the Attorney has sold and delivered to you. You hereby agree to pay the full invoice in the event that a chargeback dispute is initiated. Should you ultimately fail to make appropriate payment, the Taylor the Attorney shall pursue any and all available legal and equitable remedies available by law.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Attorney with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners.
All images, text, designs, graphics, trademarks and service marks are owned by and property of Taylor the Attorney or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Website is illegal and may be prosecuted to the full extent permissible should we choose to do so, including asking for penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may NOT use our intellectual property in any way, which includes republishing any text, image, design on other property on another Website or posting a quote or image from our Website to any third party Website, including social media, without explicit and written permission from Taylor the Attorney. We have spent time and money building the intellectual property located on this Website and in order to maintain the integrity of it, we cannot allow any impermissible third party use.
ALL CONTENT INCLUDED AS PART OF THE Website, SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, AS WELL AS THE COMPILATION THEREOF, AND ANY SOFTWARE USED ON THE Website, IS THE PROPERTY OF Taylor the Attorney, OR ITS SUPPLIERS AND PROTECTED BY COPYRIGHT AND OTHER LAWS THAT PROTECT INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. YOU AGREE TO OBSERVE AND ABIDE BY ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES, LEGENDS OR OTHER RESTRICTIONS CONTAINED IN ANY SUCH CONTENT AND WILL NOT MAKE ANY CHANGES THERETO.
YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE Website. Taylor the Attorney, CONTENT IS NOT FOR RESALE. YOUR USE OF THE Website DOES NOT ENTITLE YOU TO MAKE ANY UNAUTHORIZED USE OF ANY PROTECTED CONTENT, AND IN PARTICULAR YOU WILL NOT DELETE OR ALTER ANY PROPRIETARY RIGHTS OR ATTRIBUTION NOTICES IN ANY CONTENT. YOU WILL USE PROTECTED CONTENT SOLELY FOR YOUR PERSONAL USE, AND WILL MAKE NO OTHER USE OF THE CONTENT WITHOUT THE EXPRESS WRITTEN PERMISSION OF Taylor the Attorney, AND THE COPYRIGHT OWNER. YOU AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY PROTECTED CONTENT. WE DO NOT GRANT YOU ANY LICENSES, EXPRESS OR IMPLIED, TO THE INTELLECTUAL PROPERTY OF Taylor the Attorney, OR OUR LICENSORS EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS.
Copyright. All Website materials, including, without limitation, Taylor the Attorney and all Taylor the Attorney product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright Taylor the Attorney, Inc. ALL RIGHTS RESERVED. Taylor the Attorney or its suppliers or licensors own and retain other proprietary rights in all products available through the Website. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Taylor the Attorney or the respective copyright owner. You may not, without the express written permission of Taylor the Attorney or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Website, its content, or Legal Services & Products obtained through the Website; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Website or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Taylor the Attorney or any third party.
FORCE MAJEURE. Attorney shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Attorney including, without limitation, acts of God, flood, fire, earthquake, explosion, pandemic, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY. If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
LIABILITY. Client agrees to absolve and do hereby absolves Attorney of any and all liability or loss Client may suffer or incur as a result of use of the Legal Services & Products and/or any information and resources contained in the Legal Services & Products. Client agrees that Attorney shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Legal Services & Products.
NO WARRANTY. The Attorney makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, Legal Services & Products, and related graphics contained in the Done-In-A-Day Legal Services & Products for any purpose. To the maximum extent permitted by applicable law, all such information, software, Legal Services & Products, and related graphics are provided “as is” without warranty or condition of any kind. Attorney and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, Legal Services & Products, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Taylor the Attorney, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; d) that the results may be obtained from the use of the Legal Services & Products will be accurate or reliable or d) the results of using the Website will meet your state laws and requirements.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
Any dispute arising from this Agreement shall be resolved through mediation in which the parties must participate in person; participation over the phone or via some other form of electronic communication is prohibited. The parties shall share the cost of mediation equally. The parties agree to participate in a minimum of four (4) hours of mediation. If the dispute cannot be resolved through mediation, then any dispute arising from this Agreement will be resolved through binding arbitration conducted in accordance with rules of the American Arbitration Association. The Arbitration and Mediation shall occur in Travis County, Texas unless agreed to by the parties. The decision of the arbitrator(s) shall be final and binding and shall be rendered in writing and may be entered for enforcement in any court of competent Jurisdiction.
You agree to defend, indemnify and hold harmless Taylor the Attorney, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms.
GOVERNING LAW & VENUE. These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Travis County, Texas shall be the governing venue for any type of dispute or lawsuit between the parties.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Taylor the Attorney respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Taylor the Attorney will respond expeditiously to claims of copyright infringement committed to using Taylor the Attorney’s Legal Services & Products and/or Taylor the Attorney’s Website (the “Website”) if such claims are reported to Taylor the Attorney’s designated representative, whose contact information is provided below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to Taylor the Attorney’s designated representative. Upon receipt of Notice as described below, Taylor the Attorney will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
DMCA Notice of Alleged Infringement
The DMCA Notice of Alleged Infringement notification should meet the following requirements and include the following information:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. The electronic or physical signature of the copyrighted work owner (or authorized person)
Note there are certain exceptions to the DMCA. You can read Copyright Law – 17 U.S.C 512(c)(3) for more information.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Taylor the Attorney WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAYLOR THE ATTORNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE LEGAL SERVICES & PRODUCTS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR LEGAL SERVICES & PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE LEGAL SERVICES & PRODUCTS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LEGAL SERVICES & PRODUCTS; OR (V) ANY OTHER MATTER RELATING TO THE LEGAL SERVICES & PRODUCTS. IN NO EVENT WILL TAYLOR THE ATTORNEY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Taylor the Attorney IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LEGAL SERVICES & PRODUCTS OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
If you have any questions about these Terms and Conditions you can contact Taylor Tomanka at hello@TaylortheAttorney.com or by mail at 803 E. Liberty St., Ste. 200 Round Rock, TX 78664.