- CRM INTEGRATION. Customer agrees to provide Company log-in access to their CRM for the purpose of creating email automations. It is Customer’s responsibility to set up their CRM account, maintain and separately pay for the same to keep the account in good standing to support the email automations and promptly notify Company of any change in log-in access information. Company recommends Lawmatics but does not require its use.
- BOOK A CALL & CALENDAR SCHEDULING. Customer may choose to utilize the book-a-call strategy as the call-to-action for their online scheduling. Customer agrees to pay for their own online scheduling account (not included in the Service).
- LIST CONFIDENTIALITY & ACCOUNT MANAGEMENT. To maintain and support the client, Company and its staff members will have user access to the Customer’s CRM database lists. This is a necessary part of the service. The Company agrees that these lists are the exclusive property of the Customer. Because this information is valuable property and is of a highly confidential nature, Company agrees not to disclose, transfer, duplicate, or reproduce in any form or manner whatsoever all or any portion of the said emailing list(s) and to use such property solely for the provision of the Service to Customer.
- WEBSITE ADMINISTRATIVE ACCESS. Administrative access to the website will not be granted to Customer and no transfer of Work Product will occur until the Total Amount Due as outlined on Customer’s Service Agreement is paid in full.
- COOPERATION. Customer shall promptly provide true, accurate, current and complete information as required for Company to provide Customer services. Failure to promptly provide such information will be considered a breach. Customer hereby acknowledges that information provided to Company under this Agreement may be shared with Company professional advisors, affiliates and agents.
- COLLECTION COSTS. In addition to all other amounts due, in the event it becomes necessary to use collection procedures, Customer agrees to pay for any and all collection agency fees, costs and expenses. And if the Agreement is turned over to an attorney, Customer shall be liable for reasonable attorneys’ fees, expenses and court costs in either the enforcement of any provisions of the Agreement, in connection with a bankruptcy or insolvency proceeding or in the collection of any amounts due.
- DISCLAIMER OF WARRANTIES. Customer expressly agrees that use of the service is at customer’s sole risk. The service is provided on an “as is” and “as available” basis. Customer expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except as may be required under applicable state law. Customer expressly disclaims all warranties customer, its licensors, suppliers, sponsors, subcontractors, and affiliates make (a) no warranty that the service will meet customer’s requirements, that the service will be uninterrupted, timely, secure, or error free; (b) no warranty about the results obtained from the service or the accuracy or reliability of any information obtained through the service; (c) no warranty that defects in the service, or the results will be corrected, and (d) no warranty regarding any goods or services purchased or obtained through or from the website, other websites, or any transactions entered into through such websites.
- LIMITATION OF LIABILITY. In no event shall company, its directors, officers, employees, contractors, licensors, suppliers and/or agents be liable for special, indirect, incidental, or consequential damages, including but not limited to, lost income or lost revenues, whether such damages arise out of breach of contract, negligence, strict liability or any other theory of liability. Such damages shall in any event be limited to the fee paid by customer to company for the service during the 12-months immediately preceding the date the claim or cause of action arose. Company shall not be liable for any indirect, incidental, special, statutory, consequential or exemplary damages resulting from: (a) the use or the inability to use any of company’s service, or for cost of procurement of substitute goods and services, (b) interruption, suspension or termination of service, (c) resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service, or (d) resulting from unauthorized access to or alteration of your transmissions or data including, but not limited to, damages from loss of profits, use, data or other intangibles, even if customer has been advised of the possibility of such damages. Company is not responsible for any loss of data resulting from customer’s deletion of the website, network or system outages, file corruption, or any other reasons. Company is not responsible for the delivery of any goods or services sold or advertised by you or others. Customer agrees that it is completely responsible for all activities, fees, and/or liabilities that are related to or result from use of the service. In addition to the foregoing, Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from customer’s non-compliance with all local and state ethics rules or other rules applicable to the practice of law or from customer’s violation of such rules. No action or suit, regardless of form, other than an action for payments due company, arising out of the transactions pursuant to this agreement may be brought by either party more than one year after the cause of the action accrues.
- GOVERNING LAW AND JURISDICTION. Customer agrees that if their Service Agreement gives rise to any legal actions, the action shall be governed and construed according to the laws of the state of Colorado and shall be commenced within and limited to the jurisdiction of the federal or state courts of El Paso County, Colorado. Each party consents to the exclusive jurisdiction of such courts in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such courts and/or the right to bring an action or proceeding in any other courts. Service of any court paper may be effected on such party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws, rules of procedures or local rules. Company and the Customer hereby knowingly, voluntarily and intentionally waive any right to a trial by jury in any suit action, proceeding or counterclaim concerning any rights under this Agreement, or any related document or agreement delivered or which may be in the future delivered in connection herewith, or arising from any relationship existing in connection with this Agreement. And agree that any such suit, action, proceeding or counterclaim shall be tried before a court and not before a jury. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
- NON BINDING MEDIATION. Before commencing any legal proceeding in any court of law, or before creating or posting any complaint, negative review or other online communication referencing the Company and/or this Agreement and claiming a breach, misrepresentation, poor service or other failure by the Company, the parties agree to subject any controversy, claim, dispute or disagreement (“Dispute”) about (i) the Service, including, without limitation, the quality, timeliness or other aspect of the Service, (ii) the terms of this Agreement, or the their enforcement or interpretation, or (iii) an alleged breach, default, or misrepresentation in connection with any of the provisions of this Agreement, shall first be submitted to non-binding mediation in Denver, Colorado, before a sole mediator selected from Judicial Arbitration and Mediation Services, Inc., Denver, Colorado, or its successor (“JAMS”), or if JAMS is no longer able to supply the mediator, such mediator shall be selected from the American Arbitration Association, provided, however, that provisional injunctive relief may, but need not, be sought by either party to this Agreement in a court of law while mediation proceedings are pending. Mediation shall be held within thirty (30) calendar days of the end of such fifteen (15) calendar day negotiation period of the negotiating teams. Except as provided in this Section, no litigation for the resolution of such Dispute may be commenced until the parties attempt in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them. Customer expressly agrees and acknowledges that if Customer creates or posts any complaint, negative review or other online communication referencing the Company and/or this Agreement and claiming a breach, misrepresentation, poor service or other failure by the Company without first attempting to resolve the issues with the Company, and failing that conduction the mediation called for by this Section, and because the economic damages caused by improper online communication are difficult to determine, Customer agrees to be liable for liquidated damages to Company in the amount of $15,000.
Essentials Launch Terms of Service
Updated on August 31, 2023
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