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Contract Template & Information Product Terms of Use

IMPORTANT – BY PURCHASING A CONTRACT TEMPLATE, YOU AGREE TO THESE TERMS OF USE (“Terms”)

The Law Office of Autumn Witt Boyd PLLC (“AWB Firm” or “we”) provides general business and legal advice to businesses, as well as an online contract templates store for individuals who choose to prepare legal and business documents on their own.

“Products” referred to by these Terms of Use (“Terms”) include but are not limited to: The AWB Firm’s contract forms, templates, workshops, webinars, video guides, worksheets, checklists, group calls, and any other information or products provided after a paid purchase or for which you supply personal information in exchange, including without limitation free downloaded material or other information available through www.awbfirm.com, www.onlinecourselegal.com, and related domains and e-nail newsletters. All such Products are the intellectual property of and are owned by The AWB Firm.

“Package” referred to by these Terms includes the Your Legal Course™ package.

1. General Terms

By purchasing or downloading any Product, you agree to be bound by all of these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, discontinue use of The AWB Firm’s Products immediately. If you do not agree with these Terms, you may not use any of the Products.

Understand that by using any Products, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

Products are intended and only suitable for individuals aged 18 and above. Some of the content in the Products may not be appropriate for children. Children under the age of 13 are not permitted to use these Products. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Products. The AWB Firm hereby disclaims all liability for use by individuals under the age of 18.

As used in these Terms, the term “Releasees” is defined to include the following: (i) The Law Office of Autumn Witt Boyd, PLLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, representatives, affiliate promoters, successors and assigns (collectively “The AWB Firm ”); (ii) any AWB Firm volunteers.

2. Payment Terms

All payments for the Products are non-refundable except as outlined below in our Refund Policy 2 for the Package.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to AWB Firm, without any additional authorization, for which you will receive an electronic receipt. You also agree that The AWB Firm is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise we reserve the right to terminate your access to the Products immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms or voluntarily decide to withdraw from the Package at any time or for any reason, you will remain fully responsible for the full cost of the Package and all payments in any payment plan you choose.

3. No Attorney-Client Relationship

Products and any other information available through www.awbfirm.com, www.onlinecourselegal.com, or related domain or subdomain, or in e-mail newsletters, podcast or video recordings, or social media posts, do not constitute legal advice. The Products are not a substitute for hiring an attorney or law firm. Communications between you and The AWB Firm are protected by the privacy policy, but are not protected by any legal privilege, including the attorney-client privilege or work product doctrine. The AWB Firm does not provide legal advice nor draft specific legal forms for a specific entity, individual or situation unless you separately hire The AWB Firm by signing a written engagement agreement.

The Products are for general use. The AWB Firm cannot provide any kind of advice, explanation, opinion, or recommendation to you about possible legal rights, remedies, defenses, options, selection of forms or strategies with relation to these forms and templates unless you separately hire The AWB Firm by signing a written engagement agreement.

4. Permission to use products for personal use only

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design elements, layout, graphics, photos, images, information, materials, documents, data, databases, logos, images, trademarks, service marks, information, materials, documents, data, and all other protected elements in the Products and all other information and intellectual property accessible on or through The AWB Firm website, www.onlinecourselegal.com, any third-party website The AWB Firm may use to distribute or host the Program, and contained in e-mails sent to you by The AWB Firm , as well as the look and feel of all of the foregoing (“the Content”) is property of The AWB Firm and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. The AWB Firm’s Limited License to You:

If you view, purchase or access any Product or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a one-time, revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Products or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). You may not split the cost of any Product or share any Product with anyone else. You may not modify the Products in any way beyond edits and completions necessary to prepare the documents for your own use.

By downloading, printing, or otherwise using the Products or Content for personal use you in no way assume any ownership rights of the Content – it is still AWB Firm property. Any unauthorized use of any materials found in the Products or Content shall constitute infringement.

You must receive our written permission before using any of the Products or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Products or Content are trademarks belonging to The AWB Firm, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Products or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Products in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Product, in addition to any legal or equitable remedies The AWB Firm may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to The AWB Firm; Use in Testimonials and Marketing.

By posting or submitting any material about the Products such as comments, posts, photos, designs, graphics, images or videos or other contributions in any AWB Firm website or online forum, or any third-party forum or website operated by The AWB Firm, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also 4 granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, nonexclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of The AWB Firm’s current or future Products and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by The AWB Firm during the Package that may contain you, your voice and/or your likeness. In The AWB Firm’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to The AWB Firm or created by The AWB Firm in connection with your participation in any product, package or program, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or The AWB Firm, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Products or in our Content at any time for any reason.

This means you give The AWB Firm permission to use anything you submit or post in any AWB Firm website or online forum, or any third-party forum or website operated by The AWB Firm, or anything captured by The AWB Firm during your participation in the Package, including images in which your face is visible and recognizable.

5. Your Conduct; Confidentiality

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by The AWB Firm and any third-party forums operated by The AWB Firm. Any material you post on The AWB Firm’s website or in any third-party forums operated by The AWB Firm may become public.

The AWB Firm is not legally bound to keep your information confidential.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on The AWB Firm’s website and any third-party forums operated by The AWB Firm, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only 5 one time.

The AWB Firm, in its discretion, may delete or modify, in whole or part, any post, comment or submission to The AWB Firm’s and any third-party forums operated by The AWB Firm. The AWB Firm does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The AWB Firm neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on The AWB Firm website or any third-party forums operated by The AWB Firm. The AWB Firm shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on The AWB Firm website and any third-party forums operated by The AWB Firm.

You are strictly forbidden from the following:

  • Causing damage to any AWB Firm website or third-party forums operated by The AWB Firm
  • Using any AWB Firm website or third-party forums operated by The AWB Firm for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any AWB Firm website or third-party forums operated by The AWB Firm to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any AWB Firm website or third-party forums operated by The AWB Firm to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any AWB Firm website or third-party forums operated by The AWB Firm
  • Sharing private and proprietary information from the Products or Package with anyone else

6. Username and Password

To access certain features of the Package, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If The AWB Firm has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Package to any other person, The AWB Firm has the right to suspend or terminate your account and refuse any and all current or future use of the Product, Package, or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of The AWB Firm’s website Privacy Policy.

7. No Warranty

The AWB Firm provides general documents and information it hopes will be helpful to those who have chosen to complete their own legal documents. While The AWB Firm strives to keep its 6 Products current, accurate and up-to-date, The AWB Firm cannot guarantee that all the information available at www.awbfirm.com, www.onlinecourselegal.com, and related domains and subdomains, or information provided in Products obtained from The AWB Firm, is current at all times or in all areas. Because the law is constantly changing and varies among jurisdictions, The AWB Firm can in no way guarantee the effectiveness of its services, products or any materials in any particular jurisdiction.

Therefore, in all cases, especially those that are very particular or complex in nature, The AWB Firm encourages you to seek the advice of a licensed attorney for your jurisdiction.

You accept and agree that you are responsible for the completion of any Product after it is purchased. There are highlighted blanks in each template that are solely your responsibility to complete.

8. Assumption of Risk

You acknowledge that, by engaging with The AWB Firm for the Products, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Products, whether or not caused by the active or passive negligence of the Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to The AWB Firm for the Products.

9. Information and education only; no substitute for professional advice

The Products provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The Products are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The AWB Firm disclaims any liability for your reliance on any opinions or advice contained in the Products.

10. Earnings and results disclaimer

You agree that AWB Firm has not made and does not make any representations about the earnings or results you may receive as a result of using the Products. The AWB Firm cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Products, and you understand that results and earnings differ for each individual.

11. Third-party links, services, sites

Any links to third-party products, services, or sites are subject to separate terms and conditions. The AWB Firm is not responsible for or liable for any content on or actions taken by such third-party company or website. Although The AWB Firm may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

12. Availability of products

The AWB Firm tries to ensure that the availability and delivery of the Products is uninterrupted and error-free. However, The AWB Firm cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

13. Disclaimers

THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITES, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.

14. Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The AWB Firm cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to The AWB Firm, you accept that you do so at your own risk.

15. Dispute resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws. The nearest state and federal court to Chattanooga, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Privacy Policy or these Terms. By using the Products, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. In the event The AWB Firm must make a claim for breach of any of these Terms or violation of any intellectual property rights (whether by negotiation, mediation, arbitration, or litigation in state or federal court), The AWB Firm shall be entitled to recover its 8 attorneys’ fees and costs.

16. Termination

The AWB Firm reserves the right in its sole discretion to refuse or terminate your access to the Products, Package, and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Products, Package, or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Products, Package, and Content will still apply now and in the future, even after termination by you or The AWB Firm.

17. Use outside United States

The AWB Firm controls and operates the Products from offices in the United States. The AWB Firm does not represent that materials in the Products are appropriate or available for use in other locations. People who choose to access the Products from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. Interpretation and severance, integration

You expressly agree that these Terms are intended to be as broad and inclusive as permitted by the law of the State of Tennessee, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

The AWB Firm may change, modify or update these Terms at any time without notice, by posting them on the www.awbfirm.com, www.onlinecourselegal.com, or related domain or subdomain. Any access or use of the Products by you after The AWB Firm publicly posts or distributes such changes shall constitute consent of such modifications.

19. Refund policy; chargebacks 

All standalone contract templates are non-refundable and not returnable, under any circumstances. All sales of these products are final.

Since The AWB Firm has a clear and explicit Refund Policy in these Terms that you have agreed to prior to completing the purchase of these products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you purchase the Your Legal Course™ package (“Package”), we provide a 45- 9 day money-back guarantee for the Package. That money-back guarantee is governed by the following terms.

In order to qualify for a refund, you must submit proof that you tried to implement at least two (2) legal document templates and they did not work for you. Within 45 days of your date of purchase, you may contact our business manager at info@awbfirm.com and let us know you’d like a refund by the 45th day at 11:59 EST.

You must include your two completed templates with your request for a refund, and tell us why they did not work for your business. What did you expect that you did not get once inside the program?

If you request a refund and do not include your completed templates and the reason(s) they did not work for your business by the 45th day, you will not be granted a refund.

We will NOT provide refunds for any request that comes more than 45 days following the date of purchase. After day 45, all payments are non-refundable and you are responsible for full payment of the fees for the Package regardless of whether you complete the Package.

Please note: If you opted for a payment plan and you do not request a refund within 45 days, with the required information at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, The AWB Firm will promptly issue an instruction to its payment processor to issue the refund. The AWB Firm does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by The AWB Firm. To further clarify, we will not provide refunds for requests made after the 45th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions about the nature of The AWB Firm’s Products, services, or any of our terms or policies, please direct all questions to:

Law Office of Autumn Witt Boyd PLLC
info@awbfirm.com

This Agreement is to be interpreted in accordance with the laws of Tennessee and with the ethical requirements of that jurisdiction. The Agreement may not be modified in any way without the express, written agreement of both parties. This agreement represents the entire agreement of the parties.

 

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