Website Terms And Conditions Of Use
Version 1.1 – Last updated: July 7th, 2023
Please read these Terms and Conditions of Use (“Terms”, “Terms and Conditions”) carefully before using the website located at https://profitfirstforlawyers.com/ (including the private members area accessible when you become a member, collectively, the “Site”) operated by Profit First For Lawyers II, Incorporated (“us“, “we“, or “our“).
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have our permission to access the Site.
If you are accessing the Site for or on behalf of a corporate or other legal entity, you represent and warrant that you are authorized to do so and to bind such entity to these Terms.
If you wish to purchase any product or service made available through the Site, including becoming a member of Profit First For Lawyers (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your address and/or shipping information. We require that credit card Purchases of subscriptions for membership contain an affirmative waiver of the right of chargeback.
We also reserve the right to require that you agree to other separate agreements, as a condition of your use and/or purchase of such products, services and/or content, including, without limitation our standard forms of Membership Enrollment Agreement and/or Master Membership Agreement (as amended from time to time, the “Membership Agreements”), which, if you do Purchase a product or service made available through the Site, are incorporated herein by reference and govern your use of such products and services with any conflict between these Terms and the Membership Agreements being governed by the Membership Agreements.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order and/or membership at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons in our sole discretion. We reserve the right to refuse or cancel your order and/or membership if fraud or an unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.
We therefore reserve the right (but are not obligated) to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Some parts of the Site are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) in accordance with the Membership Agreements. Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Profit First For Lawyers II, Incorporated cancels it in accordance with the Membership Agreements. You may only cancel your Subscription renewal by contacting Profit First For Lawyers II, Incorporated’s customer support team in accordance with the Membership Agreements.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Profit First For Lawyers II, Incorporated with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Profit First For Lawyers II, Incorporated to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Profit First For Lawyers II, Incorporated reserves the right to pause your access to the Sites until payment is made current.
Profit First For Lawyers II, Incorporated, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle or as otherwise specified in the Membership Agreements or as otherwise mutually agreed in writing.
Profit First For Lawyers II, Incorporated will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Site after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
USER GENERATED AND POSTED CONTENT; FORUM USE
Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”), specifically, but without limitation, on the members’ forum. You are responsible for the Content that you post on or through the Site (including on the forum), including its legality, reliability, and appropriateness. The information that you post to areas of the Site that are viewable by others (forum, chat-rooms, etc.) and thus cannot and will not be treated by us as proprietary, private, or confidential.
By posting Content on or through the Site, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right and/or license to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity or any other applicable law (including export control laws); and (iii) all posts that state facts are to the best of your knowledge accurate and your opinions expressed are genuine and offered in good faith. We reserve the right to terminate the account of anyone found to be infringing on a copyright or in violation of applicable law.
We will remove any infringing submission at the request of the copyright owner in accordance with the DMCA Notice and policy provided herein.
You retain any and all of your rights to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Site. However, by posting Content using the Site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.
In addition, Content found on or through this Site are the property of Profit First For Lawyers II, Incorporated or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
By submitting a post, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms. Profit First For Lawyers II, Incorporated is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Any message posted on our Site expresses only the views of the author of that message and does not necessarily reflect our views or the views of any other person on the Site.
By submitting Content to our Site, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these terms.
By submitting Content to our Site, you agree to indemnify us, and our employees, officers, directors, associates, affiliated advertisers, and their related companies, to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your use or submission of such information.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You may not share your account user ID or password for use by others without our prior written consent. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.
DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com or by post at:
Profit First For Lawyers II, Incorporated
3109 Grand Avenue, Suite 188
Coconut Grove, FL 333133
Attn: General Counsel / DMCA Designated Agent
Tel: (888) 765 7460
If the alleged infringing material is believed in good faith by us to violate applicable copyright laws, we will remove or disable access to such material, and will notify the posting party that the material has been blocked or removed.
The Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Profit First For Lawyers II, Incorporated and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Profit First For Lawyers II, Incorporated.
LINKS TO OTHER WEB SITES
Our Site may contain links to third party web sites or services that are not owned or controlled by Profit First For Lawyers II, Incorporated
Profit First For Lawyers II, Incorporated has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Profit First For Lawyers II, Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Profit First For Lawyers II, Incorporated and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Site.
LIMITATION OF LIABILITY
In no event shall Profit First For Lawyers II, Incorporated, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Profit First For Lawyers II, Incorporated its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
DISCLAIMER: NO LEGAL REPRESENTATION
This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content. No special relationship or privilege exists between you and this site. You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content. This site provides audio-video content, articles, newsletters, a members-only forum, and content for informational purposes only. In the process of providing this information, this site is engaged in the publication of information regarding business and management issues commonly encountered by small law firms. This site is not a substitute for the advice of an attorney. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyze applicable law and apply it to your specific requirements. Accordingly, if you need legal advice, you are advised to seek the advice of an attorney.
DISCLAIMER FOR FORUM POSTS BY OTHERS
We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in forum posts on this Site, including with regard to its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.
GOVERNING LAW AND ARBITRATION
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Terms shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Miami, Florida, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party (e.g., no class action). The findings of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please Contact Us.
Version 1.1 Dated July 7th 2023. Material Modifications Since July 7th, 2023: None.