TERMS AND PRIVACY

PLEASE READ THESE TERMS CAREFULLY

Use of www.brinkleylawllc.com (hereinafter the "Website") is subject to the following terms and conditions. By using the Website you agree to be bound by the terms and conditions presented herein. Should you disagree with any of the terms and conditions presented here, your sole recourse is to discontinue use of the website.

The terms “we,” us,” and “our” refer to Brinkley Law. The terms “user,” “you,” and “your” refer to site visitors, customers and other users of the Website. 
 

To access or use the Website or our Products, you must be must be at least eighteen (18) years old and have the power to enter into these Terms and Conditions. 

THE MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED ADVICE, LEGAL OR OTHERWISE. BRINKLEY LAW EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY PERSON WITH RESPECT TO THE CONSEQUENCES OF ANY ACT OR OMISSION COMMITTED BASED UPON RELIANCE, IN WHOLE OR IN PART, ON ANY OF THE CONTENTS OF THE WEBSITE. YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN BRINKLEY LAW AND YOU. PLEASE DO NOT SEND CONFIDENTIAL INFORMATION TO BRINKLEY LAW UNTIL YOU SPEAK WITH THE ATTORNEY AND RECEIVE AUTHORIZATION TO DO SO. ANY UNSOLICITED REQUEST OR INFORMATION RECEIVED BY BRINKLEY LAW WILL NOT BE REGARDED AS CONFIDENTIAL.

Brinkley Law is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the website, and is the copyright owner or licensee of the content and/or information on the website, including but not limited to any screens appearing on the website. By placing them on the website, Brinkley Law does not grant any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the website may carry registered or other trademarked symbols that are the sole property of their respective owners. You may view, print, and download portions of the content and/or information of the website solely in connection with your use of the website, and solely for your personal use or records. Brinkley Law reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of materials on the website for commercial purposes is strictly prohibited without the express written permission of Brinkley Law. In printing or downloading content and/or information from the website, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided or as consented to in writing by Brinkley Law, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the website. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the website source code. If you make use of the website other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to Brinkley Law.

The website may contain information provided by third parties or links to information provided by third parties. In no manner is the provision of such information or such a link to be considered as an endorsement of the information, nor can Brinkley Law be responsible for the contents, safety, privacy, or accessibility of any information provided by third parties.

DISCLAIMER OF WARRANTIES

The website, its contents, any links provided in the website, and our products and services are provided on an "as is" basis, and Brinkley Law disclaims all warranties, express or implied, including without limitation the warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Your use of the website and our products is at your own risk, and you assume full responsibility for all costs that arise out of your use. Neither Brinkley Law, nor any of its partners, employees, affiliates, agents, representatives, or licensors shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys' fees, arising out of your use of the website, our products, or inability to gain access to or use the website or our products or out of any breach of any warranty, even if such parties has been advised of the possibility of such damages or such damages were foreseeable. 

In no event will our aggregate liability arising out of or in connection with any warranties relating to our products, services, or content, these terms and your use of the website, including, but not limited to, from your purchase of any products via the website, or from the use of or inability to use the site, exceed the amounts you have paid or owe for products purchased via the website in the last twelve (12) month period prior to the event giving rise to your claim of liability. 

PURCHASE OF PRODUCTS 

In exchange for the purchase of downloadable contract templates, Brinkley Law grants you a one-time, non-exclusive, non-transferable, and revocable license to use the template you have purchased for personal use. Except as otherwise provided, you acknowledge and agree that you have no right to reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates in any manner, except for modifications in filling out the template the authorized use. YOU MAY NOT SHARE, TRANSFER, OR RESELL ANY OF THE TEMPLATES. YOU MAY ONLY DISTRIBUTE THE TEMPLATES AS FILLED OUT AND CUSTOMIZED BY YOU AND UNDER THE LICENSE DESCRIBED IN THIS SECTION. Brinkley Law reserves the right to suspend indefinitely your ability to purchase Products if you violate the terms of this license. Termination of your ability to purchase does not limit any of Brinkley Law's rights or remedies in law or equity. 

The purchase of a contract template or bundle does not constitute legal advice or an offer of legal services, nor does it create an attorney-client relationship or any presumption of attorney-client privilege between you and Brinkley Law. The templates are intended for personal use and are not a substitute for the advice or services of an attorney. If you need legal advice for a specific problem, you should consult with a licensed attorney in your jurisdiction. Attorney Sarah Brinkley is licensed to practice law in the state of Indiana. 

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Refunds: Due to the nature of online digital products, no refunds are allowed under any circumstances. All sales are final.

TERMINATION 

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Website and to block and prevent future access to and use of the Website. You agree that we will not be liable for any termination of your use of or access to the Site.

GOVERNING LAW

These Terms, including the Privacy Policy, are governed by the laws of the State of Indiana. You agree that any proceeding relating to the use of this site must be filed exclusively in the appropriate courts located in Indiana and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or any other reasons. 

DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Website (collectively, “disputes”) will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Indiana and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and Brinkley Law are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

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 the Website or any outbound hyperlinks.

UPDATES

To improve our ability to serve you, we may make modifications, improvements, deletions, or amendments to the website at any time we deem appropriate. Any and all relevant portions of these Terms and Conditions will apply automatically to all such modifications, improvements, deletions, and/or amendments as they appear on the website.