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Terms & Conditions

Hixon Law PLLC

Suzan Hixon, Esq., “The Private Label Lawyer” ®

WEBSITE TERMS OF USE

Effective: September 24, 2018

 

Welcome to www.ThePrivateLabelLawyer.com and www.HixonLaw.com dba “The Private Label Lawyer” websites (the Site or “Sites”). These “Terms of Use” serve as an agreement which set forth the terms and conditions that govern your use of the Sites offered by Hixon Law PLLC, along with The Private Label Lawyer (“Hixon Law,” “The Private Label Lawyer,” “we,” “us” or “our”).

Binding Agreement

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT ACCESS OR VIEW THESE SITES.

Accessing all or any part of the Sites, or the services offered on the Site, indicates that you agree to be bound by the Terms of Use and Privacy Policy set forth.

Accessing all or any part of the Sites does not create an attorney-client relationship. To form an attorney-client relationship with Hixon Law PLLC and/or The Private Label Lawyer, you will need to review and sign an Engagement Agreement outlining the terms of the engagement, attorney retention and relationship.

Use Prohibited by Users Under 18

THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD. BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.

Use of the Site by Residents Outside of the United States

IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR THE COMPLIANCE OF ANY AND ALL LOCAL LAWS.

We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use outside the United States, nor do we represent that our Privacy Policy is consistent with requirements outside the United States. Please keep in mind, you may not use the Site in violation of U.S. export laws and regulations.

Purpose of the Sites; Legal Disclaimer

The purpose of the Sites is to provide information about the qualifications and experience of Hixon Law PLLC and/or The Private Label Lawyer. Information provided on the Sites does not constitute a solicitation or legal advice. You should not rely on the information as a source of legal advice.

 

Any information provided concerning potential legal issues may not serve as a substitute for obtaining legal advice from qualified counsel. Therefore, users should not take or refrain from taking any action based solely on its content.

Furthermore, prior results described on the Sites do not necessarily guarantee similar outcomes and may not always reflect the most current legal developments. In addition, Hixon Law, dba “The Private Label Lawyer” is not obligated to update the Sites.

Sending email or other correspondence to Hixon Law, The Private Label Lawyer, or to any of its attorneys, paralegals, legal assistants, or those associated, will not create any attorney-client relationship or obligate representation of you. If you are not currently a client of Hixon Law, your communications ARE NOT privileged and may be disclosed to other persons. Therefore, do not send any confidential information unless you have formally established an attorney-client relationship by entering into a written and signed Engagement Agreement.

User Conduct

You hereby acknowledge and agree that You will not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to our Sites, the server on which our Sites is/are stored or any server, computer or database connected to our Sites. You will not attack our Sites via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.

In the event of such a breach, your right to use our Sites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites.

By accessing the Sites, you agree to comply with all laws that apply or may apply to use of the Sites, along with any rules for conduct or use of specific features and/or services offered there.

We reserve the right to terminate access to any user for any reason. We also reserve the right to terminate access to any user who does not abide by this Agreement. Your privilege to use or access the Sites may be terminated by us immediately and without notice if you fail to comply with any provision of this Agreement, or otherwise.

Upon such termination, you must immediately cease accessing or using the Sites. Furthermore, you acknowledge that we reserve the right to take action – technical, legal or otherwise – to block or deny you from accessing the Sites.

You understand that we may exercise this right in its sole discretion.

Third Party Content on the Sites

IT IS YOUR RESPONSIBILITY TO EVALUATE THE INFORMATION, OPINION, ADVICE, OR OTHER THIRD-PARTY CONTENT AVAILABLE THROUGH THE SITES AND APPLY IT AT YOUR OWN RISK.

We are a distributor and not a publisher of the content supplied by third parties on the Sites. The Third-Party Content available through the Sites represents the opinions and judgments of the respective party, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Sites by anyone other than Hixon Law. Under no circumstances shall we, our affiliates or affiliates’ officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors or licensors, be liable for any loss or damage caused by your reliance on any Third-Party Content or other information obtained through the Sites.

Rights of Hixon Law PLLC, dba “The Private Label Lawyer”

We may disclose any of your submissions, electronic communications, or any information you provide to us, along with our affiliates through the Sites, or otherwise: (i) when we believe disclosure to be appropriate in order to comply with any law, regulation, government, or law enforcement request and/or to comply with the judicial process; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, other users of the Site, and/or our affiliates. For more information on how we protect and use your personally-identifiable information in connection with the Site, please see our Privacy Policy.

Copyright and Trademarks

©2014 ~ 2018 Hixon Law, PLLC. ALL RIGHTS RESERVED. Text, graphics and HTML code are protected by U.S. and international copyright laws, where applicable.

HIXON LAW PLLC dba “The Private Label Lawyer” are trademarks, service marks, logos, trade dress and trade names (collectively, the “Marks”), including but not limited to those Marks displayed or used on the Sites, whether or not in large print or with the trademark symbol, are registered or common law trademarks of Hixon Law, and are protected under federal and international trademark laws. Nothing contained on the Sites or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written consent of Hixon Law or that of the respective owner(s). Hixon Law reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained.

Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.

All information, content, and data including, without limitation, Marks, designs, photographs, text, graphics and pictures, and their format, arrangement and selection (collectively, the Site Content”) on the Sites is owned by Hixon Law and its third-party providers, with all rights reserved. Hixon Law and its third-party providers retain all copyright, intellectual property rights, and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with Hixon Law or obtaining Hixon Law’s written permission. Any use of any Site Content or the materials on the Sites may violate copyright, trademark, and other laws. You may not publish or distribute in any manner the Site Content on any medium or in any manner, nor incorporate the content into any aggregated data, compilation, or database.

Licenses and Permissions

Notwithstanding the foregoing Section, we grant you a limited license and permission to access and make personal use of the Sites, but not to download any portion of it for any commercial purpose or to modify any portion of the Sites. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Sites for any commercial purpose. You may display and occasionally print a single copy of pages of the Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Sites without our prior written or e-mailed consent, which may be withheld at our sole discretion.

Disclaimer of Warranties and Limitation of Liability

THE SITES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND CARRIES NO WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK.

HIXON LAW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY OF ANY SERVICES OR CONTENT, ON THE SITE, TIMELINESS OF THE SITE OR THE RESULTS TO BE OBTAINED FROM USING THE SITE, AND THE SITE CONTENT. HIXON LAW DOES NOT WARRANT THAT THE SITES OR THE SERVICES ON THE SITES ARE SECURE AND FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS OR OTHER LIMITATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, HIXON LAW DBA “THE PRIVATE LABEL LAWYER”, AND ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES, AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL HIXON LAW, THE PRIVATE LABEL LAWYER, OR ANY OF ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITES CONTENT. IN THE EVENT THAT HIXON LAW, THE PRIVATE LABEL LAWYER, AND/OR ANY OF ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITES OR THE SITE CONTENT, IN NO EVENT SHALL HIXON LAW AND ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES’ AGGREGATE LIABILITY TO ANY SITE USER EXCEED TEN DOLLARS ($10.00).

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.

Links Within the Sites

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY WEBSITE ACCESSED FROM THE SITES, OR THE RELIANCE ON ANY INFORMATION ON ANY SERVICES CONTAINED HEREIN, IS SOLELY AT YOUR OWN RISK.

Any and all links to other web sites contained in the Sites are provided for the convenience of those who wish to access other web sites quickly and efficiently. Hixon Law is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other websites or providers of any information contained on any such websites. You should review the Terms and Conditions and Privacy Policies of those individual web sites.

Links to the Sites

ANY PERMITTED LINKS TO THIS SITED MUST COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

Creating or maintaining any link from another site to any page on these Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another site without our prior written permission is strictly prohibited.

Indemnity

You agree to indemnify and hold harmless Hixon Law, and its members, directors, managers, personnel, independent contractors, agents, representatives, information providers, subcontractors, affiliates and licensees now or in the future (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees) that the Indemnified Parties may incur arising out of or relating to: (i) the breach of any of your representations and warranties contained in this Agreement, our Privacy Policy or any other term or condition contained on the Sites or in connection with the services offered on the Sites and/or (ii) any misuse of the Sites or services provided on it by you. misuse of the Site or the services provided on the Site by you.

Arbitration

TO THE MAXIMUM EXTENT APPLICABLE BY LAW, ANY DISPUTE CLAIM OR CONTROVERSY THAT YOU AND HIXON LAW PLLC ARE UNABLE TO RESOLVE, WILL BE SUBMITTED TO AND FINALLY RESOLVED BY BINDING ARBITRATION.

Either party may file a written demand for arbitration with the American Arbitration Association and will send a copy of the demand for arbitration to the other party. The arbitration will be conducted pursuant to the terms of the Commercial Arbitration Rules of the American Arbitration Association. The venue for the arbitration will be in Laurel County in the Commonwealth of Kentucky. The arbitration will be conducted before three (3) arbitrators selected by the American Arbitration Association. The decision of the arbitrators will be final, binding and conclusive upon the parties. Each party will have the right to have the decision enforced by the federal or state courts sitting in Laurel County in the Commonwealth of Kentucky, to which exclusive jurisdiction the parties agree to submit. If any of the provisions of this Agreement are held to be unenforceable or invalid by any tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected, provided that the essential understanding of the parties hereto is not lost thereby.

General

The Terms of Use and the Privacy Policy here, constitute the entire agreement between the user and Hixon Law regarding the Sites and the Site Content. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Hixon Law’s failure to enforce any right or provision shall not be deemed a waiver of such rights or provisions. Headings are for convenience only and should not be given any interpretative effect.

Please also read our Privacy Policy.

Changes to our Terms of Use

We may update our Terms of Use from time to time. If we make any changes, we will post the new Terms of Use to our Sites after we make the change.

The Terms of Use was last revised as of the date identified at the top of the page. You are responsible for visiting the Terms of Use to check for any changes each time you access or use the Sites.

Notices; Contact Information

The Sites are operated by Hixon Law, PLLC, dba “The Private Label Lawyer”.  All questions regarding the Sites, these Terms and Conditions or our Privacy Policy shall be directed to the following:

Stacy {at} hixonlaw {dot} com

 

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