Terms & Conditions
You must be eighteen (18) years old and have the legal ability to agree to these Terms & Conditions; thus, if you are under the age of eighteen (18) or you do not agree to the terms below, STOP now and do not proceed. By accessing or using Functional Lawyer’s Website, you agree to these Terms & Conditions below.
Terms & Conditions
Please read these Terms carefully. We reserve the right to change these Terms without notice at any time, and by using our Website, you are agreeing to the Terms as they appear, whether or not you have read them thoroughly, or even at all. If you do not agree with these terms, please stop now and do not use this Website, programs, products or services.
Functional Lawyer reserves the right to terminate or alter the Terms and to modify or discontinue this Website, including any features herein, at any time with or without notice to you. We shall not be liable to you or any third party should Functional Lawyer exercise such right.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that Functional Lawyer has no control over third-party networks that you may access in the course of using this Website, and, therefore, delays and disruption of other network transmissions are completely beyond Functional Lawyer’s control.
You understand and agree that the services available on this Website are provided “AS IS” and that Functional Lawyer assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
Your Use and Consent.
Intellectual Property Rights.
The terms “Functional Lawyer, LLC”, “Functional Lawyer™”, and our Website, programs, products, and services and all the materials available on or through it are property solely owned by Scott P. Rattigan and/or Functional Lawyer, and are protected by copyright, trademark, and other intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. You are only permitted to use the content as expressly authorized by Functional Lawyer. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without express written permission from Functional Lawyer, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Functional Lawyer does not warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Any trademarks, taglines, and logos displayed on the Website are trademarks belonging to Functional Lawyer. Any trademarks reproduced on this Website, which are not the property of, or licensed to Functional Lawyer, are property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.
Each time you submit any User Materials (as explained further below), you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Materials you submit, and that, as to that User Material, (a) you are the sole author and owner of the intellectual property and other rights to the User Material, or you have a lawful right to submit the User Material and grant Functional Lawyer the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability of Functional Lawyer; (b) the User Material is accurate; (d) the User Material does not and, as to Functional Lawyer’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (e) the User Materials will not violate these Terms or any additional Terms, or cause injury or harm to any person.
Functional Lawyer has no obligation to monitor or enforce your intellectual property rights to your User Materials, but you grant Functional Lawyer the right to protect and enforce its rights to your User Material, including by bringing and controlling actions in your name and on your behalf (at Functional Lawyer’s cost and expense, to which you hereby consent and irrevocably appoint Functional Lawyer as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Please do not submit confidential or proprietary information to Functional Lawyer unless we have mutually agreed in writing otherwise. Functional Lawyer is also unable to accept your unsolicited ideas or proposals, so please do not submit them to Functional Lawyer under any circumstance.
Functional Lawyer respects the intellectual property of others and asks you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to Functional Lawyer immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit Functional Lawyer to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Functional Lawyer to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Functional Lawyer’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: Scott Rattigan; [email protected]
Links to External Websites or Use of Social Media.
From time to time this Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over their website or social media sites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us are not governed by these Terms.
Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever. We accept no liability for any of the views, facts, opinions, or references in our or their Website whatsoever. Information posted on this Website related to or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.
You should exercise caution and look at the privacy statement of the website or social media sites you are visiting or using. Use of external links to other sites or social media does not signify that we endorse them. Functional Lawyer bears no responsibility for the content of the linked website(s) or social media websites.
As an Amazon Associate, we earn small commissions from qualifying purchases made through links available on this website.
You must not use our Website in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to Functional Lawyer by you. You may not use our website or any aspect related to it in any of the following ways:
- To conduct activity with fraudulent purposes or in connection with a criminal offense or to otherwise carry out any unlawful activity;
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam;
- To cause annoyance, inconvenience or needless anxiety to anyone or anything;
- To impersonate any third party or otherwise mislead as to the origin of your content; or
- To reproduce, duplicate, copy or resell any of our content in contravention with these Terms, our Disclaimer, or any other agreement that you may have with us.
You specifically acknowledge and agree that Functional Lawyer is not liable for any defamatory, offensive or illegal conduct of any other Website participant or user. You agree to indemnify, defend, and hold Functional Lawyer harmless from all liabilities, claims, and expenses, including attorneys’ fees and costs, that arise from your use or misuse of the Website. Functional Lawyer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Functional Lawyer in asserting any available defenses.
No Attorney-Client Relationship and Not Legal Advice.
Functional Lawyer is not a law firm. By using this Website or any programs, products or services obtained thereby, you acknowledge that neither Scott Rattigan nor Functional Lawyer, LLC legally represents you in any way. Likewise, you acknowledge that no formal attorney-client relationship with you is created merely by your use of this Website or any programs, products or services. The information and templates provided through this Website are not legal advice and the information and templates are not intended to be a substitute for legal advice that should be provided by your own competent attorney, accountant, and/or financial advisor.
Although care has been taken in preparing the information provided, the law varies by state, and is constantly changing and; therefore, it affects each individual and business in different ways. IN ADDITION, BECAUSE THE LAW VARIES FROM JURISDICTION TO JURISDICTION, AND MAY BE SUBJECT TO INTERPRETATION BY DIFFERENT COURTS, IT IS RECOMMENDED THAT YOU HAVE A LOCAL LICENSED ATTORNEY REVIEW ANY INFORMATION YOU USE OR PURCHASE THROUGH OUR WEBSITE, INCLUDING THE PRODUCTS AVAILABLE FOR PURCHASE, TO ENSURE COMPLIANCE WITH THE LAWS IN YOUR JURISDICTION. FUNCTIONAL LAWYER, LLC IS NOT REPRESENTING THAT THIS WEBSITE OR OUR PROGRAMS, PRODUCTS, OR SERVICES APPLY TO YOUR SITUATION. THE SPECIFIC DOCUMENTS AND GENERAL INFORMATION THAT WE PROVIDE CANNOT FIT EVERY CIRCUMSTANCE AND; THEREFORE, IT SHOULD NOT BE CONSTRUED TO BE CORRECT, COMPLETE OR UP-TO-DATE IN EVERY SITUATION AT ANY TIME.
By using this Website or any of our programs, products, or services, you acknowledge that we do not legally represent you in any way; we do not hold ourselves out as practicing law in your state; and we do not create a formal attorney-client relationship between us, unless we have entered into a separate signed contract for legal services. Our Website provides information and general legal knowledge but it is not, nor should it be construed to be, legal advice directly pertaining to your operations or your state.
Functional Lawyer instructs you to have any product or document that you receive through our Website, programs, products and services reviewed by a licensed attorney in your state or province. You are hereby advised to consult with your own lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by Functional Lawyer’s Website, programs, products or services pertaining to your business and specific legal situation.
In addition, although this Website may be accessible worldwide, Functional Lawyer makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
You are aware that you have the right to consult an attorney prior to using our Website or purchasing any program, product, or service from or through us. Functional Lawyer is not responsible for your personal actions or choices before, during or after use of our Website. Notwithstanding any limitations by law, your misuse or non-use of this information is at your own risk, and you absolve Functional Lawyer of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur. Additionally, notwithstanding the limitations of law, you acknowledge that you are using your own due diligence and assessment of risk when it comes to making your own business decisions, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
Any testimonials, earnings, income statements, or examples shown through Functional Lawyer’s Website are truthful reports stated by real people (not actors), and do not guarantee or promise in any way that you might achieve the same outcome as each situation varies. You agree that Functional Lawyer is not responsible for the success or failure of your business decisions, or the increase or decrease of your finances or income level as a result of information presented to you through our Website. You acknowledge that Functional Lawyer has not and does not make any representations as to the legal rights or privileges, remedies, damages, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of our Website.
Every effort has been made to present you with the most accurate, up-to-date information with attention and care. However, because the law is constantly evolving, Functional Lawyer cannot guarantee the accuracy of the content of our Website or that any or all related information is completely current or applies to you specifically. You acknowledge that such information and materials in our Website or our programs, products, or services may contain inaccuracies or errors and Functional Lawyer expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law and that Functional Lawyer is not obligated to inform you of any updates or changes to the law as they occur. As stated above, you are aware that you have the right to consult an attorney prior to using our Website or purchasing any program, product, or service from or through Functional Lawyer.
We try to ensure that our Website availability is uninterrupted and error-free. However, Functional Lawyer cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction. Neither will Functional Lawyer nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered through our Website for any particular purpose.
THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR WEBSITE, including the products available for purchase therein, FOR ANY PURPOSE.
LIMITATION OF LIABILITY.
YOU assume full responsibility for any liability arising out of the use, sale, resale, transportation, storage, handling, disposal, or discharge of any MATERIALS sold by FUNCTIONAL LAWYER to YOU, either alone or in combination with other products or materials. In no event shall FUNCTIONAL LAWYER, or its shareholders, directors, officers, employees, contracotrs, Affiliates, Successors, Transferees, or assignees, be liable for any direct, indirect, consequential, special, incidental, or contingent damages, or costs of litigation, arising out of any claim of any nature, whether in contract, tort, strict liability, patent infringement, or otherwise, nor shall FUNCTIONAL LAWYER have a duty to defend such claims on YOUR behalf. It is agreed and understood that the price stated for the MATERIALS is a consideration in limiting FUNCTIONAL LAWYER’S liability. In the event that this disclaimer of liability is held by a court of competent jurisdiction not to apply to YOU, FUNCTIONAL LAWYER’s maximum liability to YOU shall be limited to the invoice price of the MATERIALS sold by FUNCTIONAL LAWYER to YOU.
Confidentiality and Security.
To use our Website, we may seek personal data or information, including your name, e-mail address, phone number, street address, billing information, interests, or other personally-identifying information (“Personal Information”), or you may offer or provide a comment, photo, image, video, or any other submission to us when using or participating in our Website (“Other Information”).
You agree, however, that whenever you make your Personal Information or Other Information available for viewing by others, such as through our Website, the Personal Information or Other Information that you share also can be seen, collected and used by others and, therefore, we cannot be responsible for any unauthorized use by others of such Personal Information or Other Information that you voluntarily share online or in any other manner.
Functional Lawyer reserves the right in our sole discretion to refuse or terminate your access to the Website, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Website will still apply now and in the future, even after termination by you or us.
This Website (excluding any linked sites) is controlled by Functional Lawyer from its offices within the State of Florida, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Website, Functional Lawyer and you both agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Website. Functional Lawyer and you both agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Orange County, Florida, as applicable, with respect to such matters and any other dispute relating to the Website. In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Functional Lawyer or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Functional Lawyer to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
You may not assign your rights or obligations under these Terms to any third party and any purported attempt to do so shall be null and void. Functional Lawyer may freely assign its rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Website without written permission from Functional Lawyer.
These Terms shall not be construed more strictly against any party regardless of who is responsible for their drafting. Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular include the plural. Wherever the context so requires, the masculine shall refer to the feminine, the feminine shall refer to the masculine, the masculine or the feminine shall refer to the neuter, and the neuter shall refer to the masculine or the feminine.
The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.
By viewing this Website, you agree to not engage in any conduct or communications in a public setting, including social media, designed to, or that in fact, disparage Scott Rattigan, Functional Lawyer, our Website, programs, products, or services. Should you have concerns or questions about this Website or our programs, products, or services, you are to contact us directly at [email protected]. Where required by law, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If you have any questions about any of these Terms, please contact Functional Lawyer, LLC at [email protected].
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