Program Terms and Conditions
Online Program Agreement
The following Online Program Agreement (“Agreement”) is entered into by and between You (“Student” or “You”) and Functional Lawyer, LLC, a Florida limited liability company (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the Online Program entitled “Functional Lawyer Membership” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Student with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice of any kind.
More specifically, the Program is provided for educational and informational purposes only and is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
NO ATTORNEY-CLIENT OR OTHER RELATIONSHIP
Your use of this Program and its contents – including implementation of any suggestions set out in this Program and/or use of any resources available on this Program – does not create an attorney-client or other professional relationship between you and the Company or any of its professionals. The Company is not a law firm, and as such, neither Company nor any of its professionals can accept you as a legal client. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Program.
In consideration of Your access to the Program, You agree to pay the following fees.
You may choose between:
- a single payment of four thousand nine hundred ninety-nine dollars ($4,999.00 USD), due immediately; or
- Twelve (12) monthly installment payments of four hundred ninety-nine dollars ($499.00 USD).
If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following eleven (11) payments on a monthly basis, for a total payment of five thousand nine hundred eighty-eight dollars ($5,988). If you opt for the monthly installment plan, you are agreeing to make each of twelve (12) payments and you will remain responsible for those payments. You agree to keep your preferred billing method updated and, in the event of a missed payment, correct any errors to make prompt payment. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program until payments are made current.
Access to the Progam is for an initial term of one year from Your purchase date. You may elect to renew Your access to the Program and Program materials for additional one-year terms as set forth below.
You may choose between:
- A single payment of four hundred ninety-seven dollars ($497.00 USD), due immediately; or
- Twelve (12) monthly installment payments of forty-nine dollars ($49.00 USD).
Your initial term will not renew automatically. You will have to affirmatively elect to renew and submit payment information again to renew your access to the Program. In other words, to terminate your access to the Program after the initial term, no action or written notice is required.
Subsequent terms will renew automatically unless You give Company written notice of your intent to terminate as defined below.
Your access to the Program will terminate automatically upon the anniversary of your purchase date. No action or notice is required. If you elect to renew for a subsequent term as outlined above, see the termination provisions for Subsequent Terms as outlined below.
If you have elected to renew after the initial term, Program subscription will automatically renew for successive one (1) year Terms at the then-current maintenance rate unless You submit written notice to Company at least three (3) business days prior to the Term’s end.
Payment Plan Authorization
If You elect the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
As part of the Program, the Company shall provide the following to Student.
Access To Program Area – The Company shall maintain a Program Area that may include legal document templates, video lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area during all times that you are a current Student of the Program.
Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.
Group Q&A Sessions – As a member of the Program, you will have access to weekly question-and-answer sessions with an attorney. The Company shall provide you with details about how to participate in these question-and-answer sessions.
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.
Discounts – As a Program participant, you may be entitled to discounts on the Company’s other products and services from time to time.
You agree and understand that access to the Program may, at times, be influenced and affected by third parties that we use to provide the Program (web hosting, site software providers, etc.). You agree and understand that no breach of contract action may be initiated against Company when there are reasonable delays in the access of the Program.
Company reserves the right to terminate or modify the Program or certain features of the Program, with or without prior notice to you. Company will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
In order to use the Program, you will be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give to Functional Lawyer will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You shall not share your login credentials with anyone outside your own organization. You must not, in the use of the Program, violate any laws in your jurisdiction.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that 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 in the Program.
The Company content is not for resale. Your participation in the Program 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 individual use, and will make no other use of the content without the express written permission of the Company and the 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 the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. Company will also pursue any and all remedies in law or in equity for any and all breaches of intellectual property rights.
Due to the nature of the Program as intellectual property, all sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant(s) to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information and resources available in the Program. You agree to use judgment and conduct due diligence, including, but not limited to, consulting an attorney in your jurisdiction, before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission 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.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’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.
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the Program. The Company further makes no representations or warranties of any kind, express or implied, that the information, contents, materials, documents, programs, products, books, or services included in or through the Program (the “Content”) is accurate, complete, reliable, current, or error-free. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Company disclaims all liability for any inaccuracy, eros, or incompleteness of the Content.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, 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 the Company 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 Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Sarasota, Florida.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company 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 the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.
Last Revised: January 2, 2023
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