TERMS AND CONDITIONS
While The Skilled Advocate Company makes every effort to provide accurate information regarding applicable rules of evidence and procedure, it is your responsibility to know the laws of your own jurisdiction. The Company is not responsible for your misunderstanding of the applicable rules. Further, because the purpose of the services provided herein is not to provide legal advice, there is no attorney-client relationship between you and the Company.
Use and Acceptance
[/vc_column_text][vc_column_text]The use of the skilledadvocacy.com website (the “Site”), is subject to these terms and conditions (the “Terms and Conditions”). By using the site, you agree to follow and be bound by the Terms and Conditions and to comply with all applicable laws and regulations, including the laws of the United States and the State of Florida. These Terms and Conditions are a binding agreement (“Agreement”) between you and The Skilled Advocate Company (“the Company”, “we”, “us” or “our”) and govern your use of the Site. In these Terms and Conditions, the words “you” and “your” refer to each customer, Site visitor or user. “Services” refers to all services provided by us on the Site. If you do not agree with the Terms and Conditions, you may not access or use the Site.
The Site is intended for users who are at least 18 years of age and licensed attorneys, in good standing, in either a United States or foreign jurisdiction. YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, LEGALLY ABLE TO ENTER INTO A CONTRACT AND A LICENSED ATTORNEY, IN GOOD STANDING, IN A UNITED STATES OR FOREIGN JURISDICTION. Minors and non-lawyers are not eligible to use the Site.
Products and Services
[/vc_column_text][vc_column_text]You understand and acknowledge that we may refuse, discontinue, limit or otherwise prevent the use and/or sale of our products or services to any person at any time. Product descriptions and/or pricing are subject to change at any time without prior notice to you. We reserve the right to discontinue, modify, cancel, remove or otherwise change any product or service at any time without prior notice to you. Any offer for any product or service made on this site is void where prohibited.
[/vc_column_text][vc_column_text]Our refund policy varies depending on the product or service purchased. Please refer to our written Refund and Cancellation Policy for options available to you and the applicable fees should you need to request a refund or cancellation.
Changes to Terms and Conditions
The Site belongs to the Company. Accordingly, we may, in our sole discretion, and at any time, update, change or discontinue the Site or any specific portion thereof, including these Terms and Conditions, without notice to you. Your continued use of the Site reaffirms your continuing agreement to the then current Terms and Conditions. You are expected to review the Terms and Conditions page from time to time as any changes made are binding on you.
Intellectual Property Rights
All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by the Company. Any modifications of the Materials or use of the Materials for any purpose other than use of the Site is a violation of our copyright and other proprietary rights.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
You may use the Site for lawful purposes only and in accordance with these Terms and Conditions. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with any standards set out in these Terms and Conditions.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Additionally, you agree not to:
- Engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your billing information;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Site or any materials available on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
The material on the Site (including any graphics, recommendations or other material) or any materials made available through the Site are provided “as is” and without warranties of any kind, express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SKILLED ADVOCATE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials on the Site could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained on the Site. We undertake no obligation to verify or maintain the currency of such information.
The Company endeavors to maintain the operation of the Site, but is not, and cannot be, responsible for any defect that may exist in the Site or its operations. AS TO THE OPERATION OF THE SITE, THE SKILLED ADVOCATE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT: (1) THE OPERATION OF THE SITE WILL MEET THE USER’S REQUIREMENTS; (2) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) DEFECTS WILL BE CORRECTED. You, not the Company, assume the entire cost of all services, repairs, or corrections that may be necessary for your device(s) and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL THE SKILLED ADVOCATE COMPANY BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIAL IN THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE. THE COMPANY SHALL NOT BE LIABLE EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, MEDIATION OR ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION, MEDIATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER, AS SET FORTH BELOW.
Except where prohibited by law, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association (“AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. A “dispute” is any unresolved disagreement between you and the Company, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims.
You and the Company agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and the Company.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. For users residing in the European Union, Norway or any other location where this arbitration agreement is prohibited by law, or in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Palm Beach County, Florida. You hereby irrevocably consent to the personal and subject matter jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company shall be governed by the laws of the State of Florida without regard to its principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
EXCEPT AS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. A cause of action “accrues” when the last element constituting the cause of action occurs.
Waiver and Severability
No failure on our part to enforce any part of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by the Company nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect whatsoever.
If any conflict exists between any provision of these Terms and Conditions and any applicable statute, law, regulation of ordinance, the latter will prevail, but in such event, the affected provision of these Terms and Conditions will be eliminated, modified or limited only to the extent necessary to bring it within such legal requirements and such that the remaining provisions of the Terms and Conditions will continue in full force and effect.