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These Terms govern your use of the online and other services provided by Lawpoint.com, FDCPABootCamp.com, The Barry Law Office, Ltd. their employees, their agents, their attorneys, and their affiliates (“Lawpoint,” “us,” or “we”), including websites, mobile applications, legal services, Lawpoint Content (as defined below), and other services (“Services”). “You” means you individually, your family members, your representatives, your agents, your employees, your assignees, your power-of-attorneys, and your attorneys. The Services are intended for use by users that reside in the U.S. and are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian). These Terms act as a binding agreement between you and us, and by using, accessing, or viewing any Services in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy exclusions and limitations, and a choice of Minnesota law and venue in Minneapolis, Minnesota. Your access and or use of any online or other services owned or provided by Lawpoint in any manner constitutes your express binding agreement to these terms.
From time to time we may update the Services and these Terms, and such changes shall be applied retrospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We will notify you of any material updates to the Terms. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.
2. Information We Display and Intellectual Property Statement
We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, trademarks, trade dress, and User Content (as defined below) (collectively, “Lawpoint Content”), and you may access and use it solely for your own personal, non-commercial and informational purposes. Lawpoint Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any Lawpoint Content in any way without our prior written consent is strictly prohibited. This prohibition includes but is not limited to capturing screen images, reproducing screen images, printing the content of web pages, saving or digitally storing contents or partial contents of web pages from any of our Services, or disseminating such web page content through the use of paper copies, United States Mail.
While we work hard to provide a superior customer experience, we cannot guarantee that all Lawpoint Content we display is correct, complete, or current, including product pricing, services, images, information, and availability.
If you believe any Lawpoint Content infringes on your copyright, please send us the following:
a. a description and copy of the copyrighted work you claim has been infringed;
b. a description of where the material you claim is infringing is located;
c. your address, telephone number, and email address;
d. 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;
e. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
f. the physical, notarized signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising (a) through (e) here above.
The above notice and information should be sent to us as follows:
By United States postal mail:
The Barry Law Office, Ltd.
Attention: Intellectual Property Claims
2828 University Ave SE, #202
Minneapolis, MN 55414-4127
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys’ fees. Furthermore, the individual who posted the material may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
3. Your Actions
To ensure a positive experience for all users, you agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortious, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another’s privacy, harmful to the interests of us or our users, or inappropriate with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms (Sections (i) through (viii) collectively, “Prohibited Use”). To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
You may be able to create or submit designs, photos, product reviews, written posts, and other content (“User Content”). You agree that: (i) you will not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you will not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you will not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
By displaying, publishing, or otherwise posting any User Content on or through the Services, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all “moral rights” in the same. You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Services, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. We may cancel and terminate any account or User Content at any time without notice. We assume no liability for any information removed from our Services, and reserve the right to permanently restrict access to the Services or a user account.
If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
4. Service-Specific Terms
The Services we provide may be subject to additional policies, such as a those contained in any retainer or other agreement you may enter into with Lawpoint or its affiliates.
If you make any purchases of Lawpoint products or services, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), BANK ACCOUNTS, PAYMENT ACCOUNTS, OR OTHER PAYMENT DEVICES OF WHATEVER KIND UTILIZED BY YOU IN CONNECTION WITH ANY TRANSACTION. Our acknowledgement of a request for our services means that your request has been received, but not that your request has been accepted or that the price or availability of that service has been confirmed. We reserve the right to change the price of a service up until the time we provide it. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any requests for services for any reason. Prices, promotions, offers, and service availability are all subject to change without notice.
If you choose to upload images as part of your use of any of the Lawpoint websites, you agree that you are solely responsible for such User Content, and that you will notify us of any content you see that constitutes Prohibited Use. If you create an automatically request for service, the additional terms of this paragraph apply. Your request for services will continue to be fulfilled until either you or we cancel or change your auto-request. Your payment method will continue to be charged until you cancel or change it. If you choose to access our in-office WiFi services we may provide, you agree that you are responsible for all activities occurring on your device.
If you download one of our mobile applications, these Terms constitute an end-user license agreement, and you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless carrier and operating system software provider (including as listed within their respective app stores). You agree you are solely responsible for any costs incurred with accessing one of our mobile applications. You may be required to send and receive, at your cost, electronic communications related to the Services offered via our mobile applications, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of these Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access these Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through these Services. We may, at our discretion, automatically download updates to our mobile applications to your device from time to time. You agree to accept these updates, and to pay for any costs associated with receiving them. Our mobile applications may not work with all devices or all mobile carriers.
If you download and use one of our mobile applications available through the Apple platform: You, the end-user of these Services, acknowledge that this agreement is entered into by and between Lawpoint and its subsidiaries and affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Services. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Services. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at https://www.apple.com/legal/macapps/dev/stdeula/). For purposes of this Agreement, our mobile application-based Services are considered the “Licensed Application” as defined in the LAEULA and Lawpoint is considered the “Application Provider” as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Services to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Services (including, without limitation, a third party claim that the Services infringe that third party’s intellectual property rights) or your use or possession of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
While providing the Services, you may provide, and we may automatically collect, information about you and your use of the Services, including without limitation, your real-time location, MAC address, and IP address. Our collection and use of such information is governed by our Online Privacy and Security Policy and Notice of Privacy Practices.
6. Notice Regarding European Union (EU) General Data Protection Regulation (GDPR)
If you are located in the European Union (EU), you are prohibited from accessing or using this website in any manner. If you submit information through this website, you represent that you are at least 18 years of age and neither located within the EU nor a resident of the EU. If you are located in the EU and have accessed this website, you must immediately cease doing so and you must not provide us with any personal data whatsoever.
We do not intentionally process personal data of any individuals residing in the EU when the data is accessed or otherwise. We do not intentionally process any personal data related to the offering of good or services or the monitoring of behavior that takes place in the EU. We do not offer goods or services to any person within the EU. We do not sell or market products over the internet to any person located in the EU, nor do we offer marketing surveys to any person located in the EU. We do not pursue business or other communication within any resident of the EU, nor do we accept any EU currency, offer shipping services of any kind to the EU, market or provide translation in a language of an EU country, or engage in any financial transaction of any kind with EU residents. We do not monitor the behavior of EU residents (e.g. tracking and collecting information about EU users to predict their online behavior). Internet protocol addresses identified as from EU countries are automatically blocked by a firewall on this website and you must not take any action to circumvent this process. We have no physical presence in the EU and do not do business of any kind within the EU.
7. Links to Third-Party Sites
8. Disclaimers, Limitation of Liability, and Indemnification
We provide the Services (including, without limitation, all Lawpoint Content, User Content, and other content whatsoever) as a service to you. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE RISK.
THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S., AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAWPOINT, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR ACCESS, USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, STATUTORY, COPYRIGHT INFRINGEMENT, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR ANY OTHER BASES FOR CLAIMS OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.) WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OR ARBITRATION OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES (INCLUDING LAWPOINT CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR INACTIONS IN RELIANCE THEREUPON.
WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (“DAMAGES”), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, COPYRIGHT INFRINGEMENT OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LAWPOINT, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
9. Binding Arbitration Provision.
a. Purpose. Any dispute, of any kind, involving you and us, shall be resolved through individual arbitration. In arbitration, there is no judge or jury, there is no trial, and there is less discovery and there is no appellate review in any court. You hereby acknowledge that arbitration is your only recourse and that you waive your right to trial by jury and to judicial appeal by signing this agreement.
b. Process. If a dispute of any kind arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct confidential discussions, the parties agree to endeavor first to settle the dispute by confidential mediation administered by the American Arbitration Association under its Consumer Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy, complaint, or claim arising out of or relating to this contract, or breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Minneapolis, Minnesota. The arbitration shall be governed by the laws of the State of Minnesota. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Each party shall bear its own costs and expenses in an equal share of the arbitrators’ and administrative fees of arbitration.
c. Definitions. This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim, complaint, or controversy in any way related to us or our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, breach of fiduciary duty, conflict of interest, malpractice, statute, standard, rule, regulation, ordinance, complaint, allegation, or otherwise; (2) claims that arose before this or any prior Agreement; (3) claims that arise after the expiration or termination of this Agreement, and (4) claims that are the subject of purported class action litigation. As used in this Binding Arbitration Provision, “us” and “our” means The Barry Law Office, Ltd and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective co-counsel, law firms, officers, directors, members, partners, attorneys, employees and agents, and “you” means you and any beneficiaries of our legal services.
d. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may obtain the AAA Rules at that website or toll-free number. Any party may deliver any required or desired notices to the other party by mail to the last known address provided.
e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute.
f. Waiver of Class Actions and Collective Relief. There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other subscribers, or other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This waiver of class actions and collective relief is an essential part of this arbitration provision and cannot be severed from it. The remaining portions of this arbitration provision are not essential parts of this arbitration provision and can be severed from it by a court of competent jurisdiction.
g. Arbitral Fees and Costs. You may hire an attorney to represent you in arbitration. You are solely responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor.
h. Limitation of Liability. You must commence any arbitration claim against us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute or you waive the right to pursue any claim based on such events, or facts. The limitations of liability set forth herein apply to any of Our acts, omissions, and or negligence, and of our underlying officers, employees, agents, contractors or representatives which, but for that provision, would give rise to a cause of action in contract, tort, negligence or under any other legal doctrine.
i. Survival. This Binding Arbitration Provision shall survive the termination of your legal service with us.
Certain features of our Site may allow you to submit comments, ideas or other unique content. You are responsible for all content or material that you submit, upload, post or otherwise make available on or through our Site (each a “Submission”). You may not upload, post or otherwise make available on our Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
11. Additional Terms
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Service, and shall be construed in accordance with the laws of the State of Minnesota, without respect to its conflict of laws rules. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services.
These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Neither these Service Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
What information do we collect? We collect information from you when you fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously.
What do we use your information for? Any of the information we collect from you may be used in one of the following ways:
- To send periodic emails.
- The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance. Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance. We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Advertising. B&H does not collect any personally identifiable data, which is data collected with an intention to identify and contact a person such as name, address, telephone number or e-mail address (“PII”) from Internet users with respect to such online advertising products. On occasion, we may use technology such as click-stream, cookies, web beacons, log files and HTTP protocol elements to collect general data on the performance of our advertising campaigns so we can report aggregated results. This data is collected on an anonymous and non-personally identifiable basis. The non-personally identifiable information that B&H collects may include, as an example, IP address, browser types, operating systems, domain names, access dates and times, referring website addresses, online transactions and browsing and search activity “Non-PII”). The Non-PII collected is used for the enhancement of our services to our Clients, marketing, and to more effectively match advertisements and website content to Internet users.
The Barry Law Office, Ltd.
2828 University Ave SE, #202
Minneapolis, Minnesota 55414-4127
Copyright 1996-2019 The Barry Law Office, Ltd. All rights reserved.