Probate Stars Membership Agreement (Effective April 22, 2020)
Probate Star‘s products and services are provided by Law Marketing Solutions, LLC, a Delaware limited liability company, through its website Probatestars.com (the “Company”). These terms and conditions of use (“Terms”) constitute our agreement with you for your use of the Company’s products and services, so please read them carefully.
Scope of Services. “Service” or “Services” means lawyer marketing services delivered via the website Probatestars.com, which will consist of displaying information about you that you provide the Company. Your information will be displayed on the Company’s website when content is displayed relating to the state in which you practice law. Your information will also be displayed on your profile page, which is a page that you populate with information about you. The Company may provide the ability for you to publish articles that you author. Your profile and any articles you author shall be collectively referred to as your “Work” or “Works.” Your Work, which may contain information about you, will be published by the Company and may appear on the Company’s website.
Nonexclusive Licence. You hereby grant to the Company a worldwide nonexclusive license to publish your Works on the Company’s website. At your written request, the Company will remove any of your Works, whether during or after the term of this Agreement. You agree that the Company may cause your Works to be published or mentioned on other websites the Company does not control, and you agree and understand that the Company may not be able to remove your Works from websites the Company does not control.
Modification of Services. We may modify our systems and Services from time to time. If we modify a Service in a manner that materially alters the nature and value of the Service, in our sole discretion, we will notify you at least 30 days prior to the modification and you may opt to terminate the Service.
Disallowed Content. We may refuse, modify, or remove from any Service content we deem to violate applicable law, our legal rights, the rights of a third party, or that is defamatory or of a scandalous or prurient nature, in our sole discretion. We may terminate the Service for you if we determine other remedies are ineffective, with no advance notice to you.
Term and Termination. The Agreement will become effective, without further notice of acceptance, when you complete the sign up process on the Probatestars.com website and authorize an electronic means of recurring payment. The Agreement is month-to-month and will renew so long as you maintain with the Company a recurring payment method.
You may cancel the Agreement at any time; however, no partial-month refunds will be given. Once a month renewal period starts, you may terminate the Service at any time during that period, but you will not receive a refund. Once you terminate the Agreement, your content and information will stay up until the end of the current month period, unless you request that it be taken down sooner.
You will be considered to have terminated this Agreement (i) upon notification to the Company of your decision to terminate, or (ii) your recurring payment is unable to be processed by the Company, after a five-day grace period.
Notwithstanding the foregoing, this Agreement will terminate immediately, with all of your Works removed, upon the occurrence of any of the following events:
- You or your authorized representative notify the Company that you have become unable to practice law due to death, disability, or professional discipline;
- For cause, with no advance notice, upon your violation of the terms of this Agreement; or
- You commence service as a judicial officer.
The Company may terminate the Agreement with you at any time, for any or no reason, upon 30 days advance notice to you.
Charges and Payment
Automatic Renewal and Price Increases. Services will automatically continue, on a month-to-month basis, at the price for which you signed up. We may raise the price of the Services at any time and without restriction, upon notification to you at least 30 days prior to the raised price taking effect. Because this Agreement is month-to-month, you may then opt to terminate the Agreement because of a price increase, or for any reason at all. If you do not terminate the Agreement, the new pricing structure will take effect.
Disclaimer of Warranty. We make no guarantees, representations, or warranties to you regarding the results or performance of the Services, including the quality or volume of Internet traffic or business the Services will generate. Certain technologies used by Internet users may not support features or functionalities included in the Services. We will have no liability for claims related to Internet users’ inability to access the Services. The Services are provided “as is” without warranty of any kind, express or implied, including warranties of performance, merchantability, fitness for a particular purpose, accuracy, and completeness. We do not warrant that the Services will be delivered free of any interruptions, delays, omissions, or errors (“Faults”), or that we will be able to correct all Faults.
Third-Party Sites. As part of the Services, we may submit your Works to appear on third-party sites, such as directories or social media pages. Those sites may allow others to comment positively or negatively about your firm or its attorneys or repost and share your Works. You consent to such submissions and publication, understanding that we do not control those sites and will not be responsible for removing or editing the Work or any comments after publication.
No Legal Advice
No statement, written or oral, by us, our employees, representatives, or contractors, is to be construed as legal advice. Some states restrict the visual and textual content attorneys may use in advertising, and some states require approval or pre-approval of lawyer advertisements. You are solely responsible for complying with laws and regulations applicable to lawyer advertising and your use of the Services.
Limitation of Liability
Our entire liability (and the liability of our vendors, licensors, agents, or affiliates) for all claims arising out of or in connection with the Agreement will not exceed the amount of your actual direct damages up to the amounts you paid during the prior 12 months for the Service that is the subject of the claim. We are not liable for special, incidental, exemplary, indirect or economic consequential damages, anticipated savings, lost profits, lost business, lost revenue, or lost goodwill.
Limitation of Claims
No claim arising out of or related to any Service may be brought by either party more than 12 months after the Service ends.
Your Indemnification Obligations. You agree to indemnify and hold us harmless from and against any third-party actions, causes of action, liability, damages, costs, and expenses, including attorneys fees (collectively, “Losses”), arising out of a claim(s) that: (a) content or materials you provided to us for use in the creation or publication of a Work, or the delivery of the Services, infringes on a third party’s intellectual property rights; (b) the Work or Services you created includes content that is false, offensive, deceptive, or defamatory, or may otherwise cause harm to us or a third party; (c) your use of the Services failed to comply with applicable laws, rules, or regulations regarding attorney conduct, advertising or data privacy; or (d) you failed to comply with applicable third-party terms of service made known to you by us.
Use of Data
We collect data from you and from users of the Services, directly and by using various technologies, such as cookies, pixels, and remarketing tags embedded into the Services. You agree that we may use third parties to assist in this data collection. We will share data as necessary to effectively provide the Services, comply with the law, and to protect our rights. We own data that we collect from the Services, and we will store the data in accordance with our retention policies, which are subject to change from time to time.
Except as otherwise set forth in the Agreement, notices to you will be sent to the postal and/or e-mail address identified on forms submitted by you to us. All notices to us must be submitted in writing to:
Law Marketing Solutions, LLC
Attn: Account Management
P.O. Box 30994, Palm Beach Gardens, Florida 33420
or sent via e-mail to [email protected]probatestars.com
Governing Law and Venue
This Agreement is governed by the laws of the State of Florida, without regard to conflict of law rules that might direct the application of another jurisdiction’s laws. The parties agree that the state and federal courts sitting in Florida will have exclusive jurisdiction over any claim arising out of this Agreement, and each party consents to the exclusive jurisdiction of such courts. The Parties agree that state court venue shall be the Circuit Court of Palm Beach County, 15th Judicial Circuit, and that federal venue shall be the Southern District of Florida. Each party further waives all defenses or objections to such jurisdiction and venue. Any and all disputes, claims, and causes of action arising out of or relating to this Agreement shall be resolved individually, without resort to any form of class action.
Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the Services. This Agreement supersedes any prior understandings and agreements regarding the Services, and you acknowledge that you are not relying on any oral or written statement that is inconsistent with, or not set forth in, the Agreement. This Agreement may only be modified in writing, including electronic form.
Relationship of Parties. The parties hereto are independent contractors. Neither party is an agent, representative, or partner of the other. Neither party shall have authority to enter into any agreement on behalf of the other, or undertake any obligation or liability for (or otherwise bind) the other party.
No Exclusivity or Conflict of Interest. We may provide Services to law firms throughout the world, without limitation. You agree that our provision of Services to other law firms, including your competitors, does not give rise to a conflict of interest.
No Assignment. You may not assign the Agreement to anyone else without our prior written consent.
Severability. If any term of this Agreement is deemed unenforceable for any reason, the remaining terms shall continue to be fully enforceable to the extent Florida law so provides.
Survival. Any term of this Agreement that provides a right or imposes an obligation after the termination or expiration date will survive the termination or expiration and be binding on the parties.
Service Level Agreement. Notwithstanding an act of God or National or State declared state of emergency, the Services shall be available 24 hours per day, 7 days per week. Given the nature of internet services, occasional outages may occur. No refunds shall be given for occasional outages. However, if the Services are inoperative for a period greater than 12 hours in a given month of service, you shall be entitled to a pro rated refund for the period of the outage. Should the Services be inoperative for greater than 72 hours during a month of service, you shall be entitled to a refund for the entire month period. Any refunds shall be paid in the form of a credit for the next month’s term of service, unless requested in writing that an actual refund be issued.