Terms of Service

 

Last updated: April 7, 2022

 

Introduction

These terms of use and our privacy policy govern your use of this site, owned by Law Prophet, LLC (“we” or “our”). By accessing and using this website, you consent to and agree to be bound by these Terms, including the template/product license, site use agreement and privacy policy.

 

All website users must be at least 13 years old or of necessary age in their country of residence.

 

If you have questions about this site, please contact [email protected]

 

Legal Disclaimer

The communication of information to, and the receipt of information or products from, this site and those connected with and maintaining this site does not and is not intended to establish an attorney-client relationship. Email communication is not and cannot be treated as privileged or confidential. The information posted on this site is provided solely for informational and educational purposes and is not legal advice. If you have a specific problem and need legal advice, you should contact an attorney.

 

Products and Memberships

All products and memberships are subject to availability. We reserve the right to discontinue any products or memberships at any time for any reason. Prices for all products and memberships are subject to change.

 

Purchases and Payment

We accept the following forms of payment:

 

- Visa

- Mastercard

- American Express

- Discover

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

 

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

Gift Cards & Certificates

We may offer gift cards, e-gift cards, or other kinds of gift certificates. All gift cards, e-gift cards and other gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

 

Accounts

In order to use certain features of the Services, you may need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.

 

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

Site Transactions

In order to purchase any product or service made available through the Site, you might be asked to provide certain information relevant to your order. Such information may include your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

We reserve the right to refuse any order that you place with us. Therefore, we may prohibit orders that appear to be placed by dealers, resellers or distributors. If we refuse your order, that order will be refunded in full. We also reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we exercise this right and make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. 

 

Membership Payment Terms

Certain aspects of the Services may be provided for a fee, subscription or other charge. We offer subscription-based services to users. If you purchase a subscription, this subscription will automatically renew at the end of each billing cycle, typically every thirty (30) days, at which point you will automatically be charged on your anniversary date for the next billing cycle. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.

 

You are responsible for all fees, including taxes, associated with your use of the Services. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You must keep current payment information on file with us. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.

 

By agreeing to these terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize us to satisfy.

 

If you have a dispute concerning any payment transaction, please contact us. If at any time you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, we may terminate our Service. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.

 

By joining as a monthly “cancel any time” member, you understand that the credit card information you provide upon registration will be charged each month on your monthly subscription anniversary date until you or we cancel your membership. Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership. 

 

You are responsible for the completion of all payment plans associated with products and services you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

 

Subscription services cannot be paused. Your subscription will expire after the time period specified in your subscription.

 

You may cancel your subscription or any paid Service at any time by emailing us at [email protected] Cancellation requests for payment plans, as opposed to subscriptions, will not be granted. You will not be prorated for any unused Services during the billing cycle in which you cancel your Services, and your Services will be active until the end of the then-current billing cycle.

 

Refunds

You acknowledge that all products and materials are non-refundable and not returnable, under any circumstances. All sales are final.  

 

It is your responsibility to download the product immediately and securely backup all purchases. We are not liable for any loss or damage to products that occur after download or any customer’s inadvertent or mistaken download of a product or free download such customer did not intend to purchase or download, and we will not reimburse you for such downloads. For the safety of your purchase, and to allow for complimentary updates, all emailed links will expire. It is recommended that you immediately download and backup your purchases. We may provide an online account for access as a courtesy, but this should not be relied upon for purchase access.

 

Intellectual Property Ownership

We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to Law Prophet, LLC or to our licensors (“IP”).  You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our IP except as provided in these Terms or with prior written consent from us.

 

If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our Services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and email address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

Our designated Copyright Agent is:

Nicole Barnett
Attn: Privacy Officer

Email: [email protected]

 

Rights and Licenses

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

 

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.

 

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.

 

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.

 

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

 

User Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

Consent

By using our website, you hereby consent to these Terms including our template/product license, site use agreement and privacy policy.

 

Electronic Communications, Transactions & Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

California Users & Residents 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

GUARANTEES, LIABILITY, AND DISCLAIMERS

 

Warranties 

While we make every effort to ensure that the content on this website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an "as is" and “as available” basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.

 

Earnings Disclaimer

We make no income/financial claims nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products. Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

 

Limitation of Liability 

To the extent legally permitted, in no event shall Law Prophet, LLC be liable as a result of your use of this website or products purchased on/through this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including but not limited to loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.

 

Availability

Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.

 

Malicious code

Although we endeavor to prevent the introduction of viruses or other malicious code (together, "malicious code") to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.

 

Security 

The security of your contact information is of the utmost importance to us.  However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising from your use of this website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this website or any outbound hyperlinks.

 

Inaccuracies on the Site

Errors, Inaccuracies, and Omissions. Despite our best efforts, our Site may occasionally contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

 

Colors & Style. While we have made efforts to display the colors and styles of our products as accurately as possible on our Site, we cannot guarantee that your screen's display of any color or style will be accurate.

 

MISCELLANEOUS

 

Indemnification 

Your use of this website and content is voluntary.  You shall indemnify Law Prophet, LLC its members, agents, successors and assigns, and Nicole Barnett, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of this website, content, and any product purchased from this website and from your failure to maintain the confidentiality and/or security of your password or access rights to this website and its content.

 

Waiver

Failure to enforce any provision of these Terms will not constitute a waiver of such provision. Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

 

Amendments

We reserve the right to amend these Terms, including our Privacy Policy, as needed from time to time, with or without notice. You are bound by any changes made to these Terms. The date of the last revision will be indicated by the “Last updated” date at the top of this page; we may also elect to notify you by posting a notice on a home page or other method. If you continue to use our site after we have made revisions, your continued use constitutes consent to the revised Terms of Use and Privacy Policy.

 

Feedback

If you provide us any feedback about our websites or any products, you grant us the right to use that feedback to improve our websites or products (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgment of their source.

 

Severability, Headings & Merger

Headings are included for convenience and shall not affect the construction of these Terms. The singular includes the plural and vice versa. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect. These Terms supersede any existing communications or agreements and are the full extent of the agreement between the parties.

 

Third-Party Websites

Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.

 

Legal Disputes 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST US WILL BE RESOLVED. 

 

You agree that any claim or dispute at law or equity that has arisen or may arise between you and us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. 

 

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. 

 

Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

 

Agreement to Arbitrate 

You agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Orange County, California, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. 

 

The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. 

 

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court. 

 

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

 

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above. 

 

Governing Law

These Terms, including the Privacy Policy, are governed by the laws of the state of California in the United States of America (USA) and the courts of California, USA shall have jurisdiction to hear and determine any dispute arising from these Terms. You agree that any proceeding relating to the use of this site must be filed exclusively in the appropriate courts located in California and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

 

Contact Information

The owner of this website is Law Prophet, LLC located at 1968 S. Coast Hwy, Suite 2680 Laguna Beach, CA 92651. Our email address is [email protected] and our phone number is (866) 806-7042.

 

All rights reserved

All rights not expressly granted in this Agreement are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at [email protected]

 

Update

Should we update, amend or make any changes to this license, terms, and conditions of use or privacy policy, those changes will be posted here.