Laws of Legacy Business Accelerator Terms and Conditions

By participating in the Laws of Legacy Business Accelerator (hereafter, the “Membership”), joining the Membership or accessing the member site (hereafter “Site”) you are agreeing to the following terms.

Overview

The terms “Company”, “we”, “us”, and “our” refer to Laws of Legacy Business Accelerator by Barbee Law Boutique, PLLC. The term “Client”, “user,” “you” and “your” refers to clients, client team members (including employees, contractors and other representatives of client and client’s company) and any other users of the site. The term “Service” refers to the services included in the Membership as outlined below.

Use of the Service, including all information and educational materials presented herein by Laws of Legacy Business Accelerator by Barbee Law Boutique, PLLC, is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.

1. Scope of the Membership Services (the “Services”)

(a) The Membership includes the following services:

Monthly group consultations;
Ongoing access to our resource library;
Ongoing access to monthly added resources or trainings;
Quarterly group strategy sessions; and
Priority registration for events hosted by the Company.

(b) Any additional services provided by Company to Client may require additional fees to be discussed and agreed upon by the parties.

2. No Legal Services and No Attorney-Client Relationship

You understand that enrollment and participation in the Services does not amount to an attorney-client relationship between you and us, our employees, or contractors, unless we enter into a separate written agreement with you for legal services. You understand that, with respect to the Services, Company’s founder, employees, and contractors are not acting in their capacity as attorneys and no statements or information made by Company’s founder, employees and contractors shall be construed as legal advice. You further understand that, although legal information may be communicated to you during the Services, such information is not legal advice. Your reliance on such legal information is at your own risk.

3. Client Duties

(a) Compensation: In consideration for the Services provided by us to you as set forth in paragraph 1 above, you agree to pay the current monthly membership fee. Additionally, if a one-time onboarding fee is required at the time of joining the membership, you agree to pay that one-time fee in addition to your ongoing monthly membership fee. You understand that you will not receive an invoice reminder for your monthly membership payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph 3(b).

(b) Late payment fee. If any fee outlined in paragraph 3(a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services, unless and until all outstanding membership fees and assessed penalties are paid in full.

(c) Tools to be Provided by You. You agree to provide all tools, information, and documentation that may be required by us to effectively perform our responsibilities in connection with the Services.

(d) Additional Client Duties. You understand that your success in the Membership is dependent upon your level of participation in the Services. In order to get the most out of the Services, you must also work to implement the tools and strategies learned throughout the Services, and make considerable efforts toward your own business development on your own time during the term of Services. You are responsible for providing feedback on the Services.

Term

The term of these Terms and Conditions shall be month-to-month or year-to-year (whichever you selected), beginning on the date you signed your agreement. The term shall be automatically renew on the same day each month (or each year) upon your request and/or continued use and participation in the Services.

Cancellation and Refunds

You may cancel your membership at any time with a 30-day written notice. No refunds will be offered after joining the membership. We may cancel your membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, unless such cancellation is due to your breach of confidentiality or infringement upon our or any third party’s intellectual property rights, we will provide a prorated refund of the membership fees to be calculated based on the time left in that month, if any. Notwithstanding our obligation to refund prorated membership fees in the event of our cancellation, no other partial or full refunds will be given to Client for any reason on any date. Neither Client’s cancellation nor Client’s failure to effectively participate in the Membership are grounds for a refund.

No Guarantees

We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.

6. Confidentiality

(a) Participant Information: Client agrees to keep confidential any information and data of a confidential nature, including, but not limited to, any and all design, creative, marketing, sales, operating, performance, know how, business and process information (collectively, “Confidential Information”) shared by fellow participants in the Membership (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the membership. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(b) Company Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 6(a), shared by Company in the Membership. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the membership. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(c) Non-Disparagement: Client shall, during and after the participation in The Membership refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

(d) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 6 the Company and/or the other the Membership Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

7. Independent Contractors

(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.

(b) Taxes & Benefits: Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

8. Ownership of Intellectual Property

Client agrees that the Membership contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Membership is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

9. Warranties

(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

10. Limitation of Liability

(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

(b) THE FOREGOING LIMITATIONS IN THIS PARAGRAPH 10 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPH 8.

(c) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT TO COMPANY UNDER THESE TERMS DURING THE MONTH BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

11. Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

12. Entire Agreement; Modification; Waiver

These Terms and Conditions, along with the Terms of Use and Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

13. Neutral Construction

These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by it and/or its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.

14. Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

15. Assignment

These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.

16. Notices

(a) All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

To the Company:

Barbee Law Boutique, PLLC

c/o Delania Barbee

P.O. Box 3768

Springfield, MA 01101

To the Client:

Client’s address provided at the time of joining the membership.

(b) Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

17. Governing Law; Venue; Mediation

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts as applied to contracts that are executed and performed entirely in Massachusetts. 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.

18. Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

19. 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 the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions about these Terms and Conditions? Email us dbarbee@barbeelawonline.com.

Effective as of November 24, 2020.