Terms of Use

Agreement between user and CounselRight

Welcome to CounselRight.com. The CounselRight.com website (the “Site”) is comprised of various web pages operated by CounselRight PLLC, an Idaho limited liability company (“CounselRight”). CounselRight.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of CounselRight.com constitutes your agreement to all such Terms. Please read these terms carefully. You may print and keep a copy of them for your reference.

CounselRight.com is an informational website, but now or in the future may also allow customers to purchase subscriptions or other services from CounselRight.

Privacy

Your use of CounselRight.com is subject to CounselRight’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting CounselRight.com or sending emails to CounselRight constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password (where such feature is available) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CounselRight is not responsible for third party access to your account that results from theft or misappropriation of your account. CounselRight and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

CounselRight does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Furthermore, if you are under 18, you may use CounselRight.com only with permission of a parent or guardian.

Fees/Cancellation/Refund Policy

YOUR USE OF COUNSELRIGHT.COM DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE ONLY WAY COUNSELRIGHT WILL BECOME YOUR ATTORNEY OR ENTER INTO AN ATTORNEY-CLIENT RELATIONSHIP IS THROUGH A WRITTEN FEE AGREEMENT WHICH MUST BE SIGNED BY THE CLIENT AND BY COUNSELRIGHT. Any cancellations or refund rights will be contained in such fee agreement.

Links to third party sites/Third party services

CounselRight.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CounselRight and CounselRight is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CounselRight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CounselRight of the site or any association with its operators.

Certain services made available via CounselRight.com may be delivered by third party sites and organizations. By using any service or functionality originating from the CounselRight.com domain, you hereby acknowledge and consent that CounselRight may share such information and data with any third party with whom CounselRight has a contractual relationship to provide the requested service or functionality on behalf of CounselRight.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use CounselRight.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to CounselRight that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CounselRight or is the property of its respective owners, and all such information is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CounselRight content, documents, forms or any other information is not for resale unless authorized in writing by CounselRight. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own use, and will make no other use of the content without the express written permission of CounselRight or the appropriate copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CounselRight or our licensors or third parties except as expressly authorized by these Terms.

Use of communication services

The Site may contain blogs, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose (unless such Communication Service specifically allows such messages); conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

CounselRight has no obligation to monitor the Communication Services. However, CounselRight reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CounselRight reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CounselRight reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CounselRight’s sole discretion.

For your own protection, please always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CounselRight does not control or endorse the content, messages or information found in any Communication Service and, therefore, CounselRight specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. If any Communication Services feature managers and hosts, they are not authorized CounselRight spokespersons or agents, and their views do not necessarily reflect those of CounselRight.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.CounselRight.com or posted on any CounselRight web page

CounselRight does not claim ownership of the materials you provide to CounselRight.com (including feedback and suggestions) or post, upload, input or submit to any CounselRight Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CounselRight, our affiliated companies and necessary sublicensees permission to use your Submission(s) in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

By making any Submissions, you agree that no compensation will be paid with respect to the use of your Submission, as provided herein. CounselRight is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CounselRight’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

It is our policy to respond to clear, legally valid notices of alleged copyright infringement that comply with the criteria established by Digital Millennium Copyright Act (“DMCA”) of 1998. In addition, we terminate without notice the accounts of users that we determine are repeat infringers based on a “three-strikes” policy.

DMCA Copyright Infringement Takedown Notification

If you are a copyright owner or an authorized agent of a copyright owner, and you believe that any content hosted on our Site infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing CounselRight with the following information in writing or via email (please consult your attorney or review 17 U.S.C. Section 512(c)(3) to verify these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing (or to be the subject of infringing activity) that is to be removed (or access to which is to be disabled). Please include a URL to each claim of infringement. It is insufficient to provide only keywords, search queries, titles, names or resemblances
  4. Information reasonably sufficient to permit CounselRight to contact you, such as an address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in your notice is not authorized by you (the copyright owner or its agent) or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that Section 512(f) of the DMCA creates liability for any person who knowingly materially misrepresents that material or activity is infringing.

International Users

The Service is controlled, operated and administered by CounselRight from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CounselRight Content accessed through www.CounselRight.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless CounselRight, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CounselRight reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CounselRight in asserting any available defenses.

Liability disclaimer

THE INFORMATION, FEATURES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COUNSELRIGHT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME AND WITHOUT NOTICE TO YOU.

COUNSELRIGHT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, FEATURES, SERVICES AND GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION (INCLUSIVE OF ANY SOFTWARE, FEATURES, DOCUMENTS, SERVICES OR ANY OTHER INFORMATION PROVIDED THROUGH THE SITE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COUNSELRIGHT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION (INCLUSIVE OF ANY SOFTWARE, FEATURES, DOCUMENTS, SERVICES OR ANY OTHER INFORMATION PROVIDED THROUGH THE SITE), INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COUNSELRIGHT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION (INCLUSIVE OF ANY SOFTWARE, FEATURES, DOCUMENTS, SERVICES OR ANY OTHER INFORMATION PROVIDED THROUGH THE SITE) OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COUNSELRIGHT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some states do not allow for the exclusion or limitation of liability for certain damages, and therefore the above limitations may not apply to you. If you are disappointed or frustrated by anything on the Site, your sole and exclusive remedy is to discontinue using the site.

Termination/access restriction

CounselRight reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no attorney-client relationship, joint venture, partnership, employment, or agency relationship exists between you and CounselRight as a result of these Terms or your use of the Site. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Unless otherwise specified herein, the Terms constitutes the entire agreement between the user and CounselRight with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CounselRight with respect to the Site (please note that any attorney-client relationship established in writing is not affected by this section). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to Terms

CounselRight reserves the right, in its sole discretion, to change the Terms under which CounselRight.com is offered without notice to you. The most current version of the Terms will immediately upon posting supersede all previous versions. CounselRight encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

CounselRight welcomes your questions or comments regarding the Terms:

CounselRight PLLC
7119 W Sunset Blvd #651
Los Angeles, CA 90046

Email Address:
Info@CounselRight.com

Telephone Number:
323.570.0756

Last update: May 21, 2011