TERMS OF USE

Barbee Law Boutique, PLLC (the “Firm”, “us”, “we”, or “our”) offers this website at www.barbeelawonline.com (the “Website”), including all materials, information, and products included in or available through or by this Website (the “Content”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. BY ACCESSING, VISITING, PURCHASING FROM, OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”), INCLUDING THOSE ADDITIONAL TERMS, CONDITIONS, AND POLICIES REFERENCED WITHIN THIS WEBSITE OR AVAILABLE BY HYPERLINK. These Terms of Use are subject to change by us at any time and at our discretion without notice. Your use of this Website after any changes are implemented means that you agree and accept the changes. As a result, we encourage you to consult the Terms of Use each time you use this Website. 

AGE REQUIREMENT

By accessing this Website, you represent that you are at least 18 years of age, and you have the required power and authority to agree to these Terms of Use.

NO ATTORNEY-CLIENT RELATIONSHIP FORMED

You are not entering into an attorney-client relationship with the Firm by accessing the Website or Content. At no point during your access to the Website or Content will you form an attorney-client relationship. The Firm’s publication of Content does not constitute an offer to represent you.  Clicking purchase or a similar button to initiate a sale through this Website does not create an attorney-client relationship with the Firm. A written engagement agreement signed by the Firm and the individual or company is required for a client relationship. If you do not have such an agreement, you are not a client of the Firm.

This Website and all Content are for educational purposes only and are not intended to be and should not be considered to be legal advice. The Content should not be relied upon or used as the only basis for making decisions without consulting primary, more accurate, complete or timely sources of information, which may include an attorney with whom you have an attorney-client relationship or another professional advisor.  The Firm makes no guarantees regarding the results that you will see from using the information provided on the Website.

The Website may be deemed advertising under applicable state laws.  Legal services referenced on this Website may not be offered in your jurisdiction. 

INTELLECTUAL PROPERTY 

You acknowledge and agree that all Content and any trade names on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property or proprietary rights and laws and are owned or licensed by the Firm.

Content is solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  Subject to your compliance with these Terms of Use, the Firm grants you a limited, non-transferable, non-exclusive right and license to display and reproduce unaltered Content from this Website for your personal, non-commercial, educational purposes, and, if you are a prospective client of services provided by the Firm, to display, reproduce, and distribute within your organization unaltered, publicly available Content from this Website to the limited extent necessary to facilitate a decision of whether or not to transact business with the Firm.  Except as expressly described in the foregoing limited license, unless you receive written permission from the Firm, you may not modify, copy, distribute, transmit, display, publish, create derivative works from, or otherwise use the Content for any purpose. For information on requesting such permission, please contact the Firm at dbarbee@barbeelawonline.com. Except for the limited license expressly granted to you in these Terms of Use or otherwise in writing, all rights, title, and interest in and to the Content is reserved by the Firm or its licensors. 

MODIFICATION TO CONTENT

At any point, the Firm may discontinue, limit, or otherwise prevent the sale of, access to, or use of Content.  The Firm may exercise this right on a case-by-case basis. Descriptions of products and/or pricing are subject to change without prior notice at anytime. Any offer for any Content is void where prohibited.  The Firm shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Content. You are responsible for monitoring changes to this Website.

THIRD PARTY REFERENCES / LINKS

This Website may link you to other sites on the Internet. These other Websites are not under the control of Firm, and you acknowledge that Firm is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The policies of other sites linked from this Website may be materially different from our Terms of Use and Privacy Policy.  Your decision to access any other site is at your own risk. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Firm harmless from any and all liability in any dispute.

PURCHASES

The Website may offer certain Content and access to programs and consultations subject to a fee. You must provide current, complete and accurate contact, billing, and account information for all purchases via our Website. You agree to promptly update your account, e-mail address, so that the Firm can complete your transactions.

The Firm reserves the right to limit or prohibit purchases, which, in its sole judgment, appears to be placed by individuals or companies attempting to resell Content, including, but not limited to, resellers or distributors, or by individuals or companies that are, in the sole judgment of the Firm, in breach of these Terms of Use. Please note, if we make a change to or cancel an order, we may attempt to notify you by e-mail. 

COMMENTS & FEEDBACK

Any information, responses, ideas, suggestions, proposals, plans, or other materials sent by you to the Firm online, by e-mail, or in another manner (collectively, “Comments”) will not be deemed confidential unless the Firm agrees in writing to maintain the confidential treatment of such Comments.  By sending Comments, you grant to the Firm an unrestricted, irrevocable license to modify, copy, publish, distribute, transmit, translate and otherwise use in any medium and in any manner any Comments that you forward to us. 

We are and shall be under no obligation: 

  1. To maintain any Comments in confidence; 

  2. To pay compensation for any Comments; or 

  3. To respond to any Comments.

You agree to the following statements:

  1. Your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary right.

  2. Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could impact the operation of this Website (or a related website) or the delivery of any product or service.

  3. You will not use a fake or false e-mail address, pretend to be someone, or mislead us or third-parties regarding the origin of any Comments.

  4. You are solely responsible for any Comments you make and their accuracy.

TAKEDOWN REQUESTS

If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a takedown request to dbarbee@barbeelawonline.com

NO WARRANTIES; LIMITATION ON LIABILITIES

ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE FIRM AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The Firm assumes no obligation to update any information or Content on the Website. Although Content may describe historical results of matters handled by the Firm, prior results do not guarantee a similar outcome.  Each representation has unique facts and circumstances that may impact results.

Firm, its directors, officers, members, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Content  or access to the Website, or for any other claim related in any way to your use of any Content or access to the Website, including, but not limited to, any errors or omissions in any Content, even if advised of their possibility.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Firm and our subsidiaries, affiliates, partners, officers, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, your use of any Content, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any of the provisions of these Terms of Use is unlawful, void or otherwise unenforceable, the provision will be enforced to the maximum extent legally permissible, and the remaining portions of these Terms of Use shall remain in full force and effect.

ENTIRE AGREEMENT

The failure of the Firm to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and related documents represent the entire agreement and understanding between you and Firm and govern your use of the Content and access to the Website. These Terms of Use supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

GOVERNING LAW; DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States of America, without regard to conflict of laws principles.  In the event that a dispute arising under these Terms of Use has not been resolved by you and us in good faith discussions, you hereby consent to binding arbitration by a single arbitrator in Hampden County, Massachusetts under the commercial arbitration rules of the American Arbitration Association to resolve any such disputes.  Any application to confirm, vacate or modify the award shall be made to a court within the Commonwealth of Massachusetts.  You agree that you may bring claims against Firm only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to any use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

PRIVACY

For details regarding how the Firm protects your information, please see our Privacy Policy located at https://barbeelawonline.com/privacy-policy . By accessing the Website and purchasing or using the Content, you consent to the Firm’s collection and use of your information as outlined in our Privacy Policy.

CONTACT INFORMATION

Please contact us at dbarbee@barbeelawonline.com for questions related to these Terms of Use. 

Last updated: July 17, 2019