Happy Effective Lawyer, LLC: Terms and Conditions 10.08.18 These terms and conditions apply to all Users of Happy Effective Lawyer, LLC websites and services.
1. Happy Effective Lawyer, LLC and happyeffectivelawyer.org
a. Happy Effective Lawyer, LLC, (hereafter “Happy”), is a limited liability company organized in Pennsylvania on January 17, 2017 at Pa. Registration Number 6499648 to provide an e-learning platform for lawyers and other legal professionals, and to provide information on the availability of services of lawyers, and others offering services to the legal community and the public. Happy owns and operates happyeffectivelawyer.org and related proprietary databases, and other internet URLs directed to happyeffectivelawyer.org (hereafter “Website”) to provide data, information, text, articles, notes, videos, best practices, commentary, perspectives, insights, services, skills, tactics, tips, documents, including charts, checklists, guidelines, summaries, tables, links, and other materials (collectively, the “Happy Services”), produced, published, displayed, distributed and otherwise made available to Subscribers and other Users (hereafter called “User(s) or “Subscriber(s)”) on the Website happyeffectivelawyer.org.
b. Happy is a site where portions of the content are accessible to the public while the paid courses are only accessible by an official username and password.
c. All use of the Happy Services is subject to the Terms and Conditions in this document, and in any separate or supplemental Terms and Conditions of Use, Disclaimers, or other agreement, that may be entered into with Happy (collectively, the “Terms and Conditions of Use”). By accessing, viewing or using any page, part or component of the Happy Services, all Users intend to be legally bound agree to the following Terms and Conditions of Use and any Disclaimers.
d. Users may address questions or comments about the Terms and Conditions of Use by email to: firstname.lastname@example.org
2. User Responsibility and Termination
a. The User who registers the course account is responsible for all use and action on the account. Users agree to be bound by all Terms and Conditions of Use and Disclaimers. Users may be required to re-confirmation periodically online and to check the Website for updated information on a regular basis.
b. Users have a unique login ID and password. Sharing IDs is not authorized and Happy reserves the right to investigate ID sharing and terminate a User without notice if an ID has been shared.
c. Happy does not issue refunds or pro-rated credits for any reason.
d. Happy may terminate a User account for any non-compliance of the Terms and Conditions of Use, misrepresentations, nonpayment, or failing to meet the qualifications of a User.
a. Happy works with companies that handle payment processing. You agree that Happy can share any credit card and related billing information with those companies, but only for checking credit, servicing your account, in response to valid legal process, or to establish or protect the rights of Happy, our affiliates, and associated individuals. Happy does not assume any responsibility for any use or disclosure by any such third parties.
4. Happy Responsibilities & Privacy
a. In accordance with these Terms and Conditions of Use, Happy agrees to keep confidential all data connected with User accounts.
b. Happy does not represent or warrant that the Website will at all times be error-free, free of viruses or other harmful components, or guarantee when defects will be corrected.
c. When possible, maintenance will be scheduled at times when most Users are not typically online. Users unable to access their account should contact our support team at: email@example.com.
d. Events which of the control of Happy and the User (e.g. Acts of God, force majeure events), may affect the Website or the User’s ability to access happyeffectivelawyer.org. A User is not entitled to a pro rata reduction in the monthly Membership fee dues to outages or interruption of services.
e. Happy may make changes to the features, functionality or content of the Website at any time and reserves the right, with sole discretion, to edit or delete any documents, information or other content appearing on the Website.
5. Prohibited Activity
a. Happy reserves the right to request an attorney’s bar number and verify this number with the state bar for identification purposes. Any User posing as an attorney violates the Terms and Conditions of Use agreement and the User account shall be terminated without prior notice and may be barred from subscribing or advertising in the future.
b. Course and Blog Subscriptions are open to all.
c. Happy Services is not be used for: (1) any independent licensing, sub-licensing, renting, leasing, or other kind of resale; (2) any distribution of spam; (3) sending, storing or uploading any obscene, unlawful or infringing material, or violating anyone’s rights; (4) collecting contact information of members, subject offers to or solicit profits from Users by mass or bulk emails for promotions; (5) sending, storing, or uploading any malicious code, viruses, or destroying the performance of the application; (6) attempting to gain unauthorized access to our servers or Users; or (7) any unlawful activity. The application is not to be accessed in any way other than provided by Happy authorized login interface.
d. Happy reserves the right to investigate all complaints or reported violations of these Terms and Conditions of Use to take any action deemed appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosure of any information necessary or appropriate to such persons or entities relating to profiles, email addresses, usage history, posted materials, IP addresses and usage information.
6. No Legal Services or Representation
a. Happy is a provider of best personal and professional practices, knowledge, skills, information, and resources to inform its Users and its Members who practice law. Licensed attorneys practice and represent clients based on their own professional independent judgment and responsibilities, and attorneys agree and acknowledge that any outcome in a claim or legal representation is not a result of any reliance upon Happy or its information provided on its Website.
b. The Happy Services are general and educational in nature, and do not reflect all recent legal developments and do not apply to the specific facts and circumstances of individual transactions and cases.
c. Happy, its affiliates editors, contributors do not represent or advise clients in any matter, and are not bound by the professional responsibilities and duties of a legal practitioner to any User. Nothing in the Happy Services or in these Terms and Conditions of Use or the Subscription Terms, if applicable, nor any receipt or use of such Happy Services, shall be construed or relied on as advertising or soliciting to provide any legal services, creating any attorney-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of Happy, its affiliates, their editorial staff or any law firm, lawyer or other independent contributor of articles or other materials to the Happy Services.
7. Liability Limitations
a. No Warranties; Disclaimer 1. HAPPY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. Happy does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. Users are responsible for implementing sufficient procedures and checkpoints to satisfy any particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
3. HAPPY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
4. USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HAPPY AND OUR AFFILIATED PARTIES AND INDIVIDUALS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, BEYOND AS PROVIDED IN SECTION 4 (b)(2), limiting Happy’s liability to $300.00.
b. Limitation of Liability
(1) Happy and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(2) THE AGGREGATE LIABILITY OF HAPPY AND THE AFFILIATED PARTIES OR INDIVIDUALS IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $300 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST HAPPY AND ANY AFFILIATED PARTIES OR INDIVIDUALS AND ANY AFFILIATED PARTY.
c. No Third Party Beneficiaries
These Terms and Conditions of Use shall not be construed so as to create any third-party beneficiaries. User agrees to indemnify, hold harmless, and defend Happy (and each of our affiliated companies, employees, officers, and directors) from third parties from and against any and all claims and expenses, including attorneys’ fees, arising out of use of the application. Further, if your use of Happy causes harm to any third parties, User agrees to indemnify Happy against any and all claims and expenses, including attorneys’ fees.
a. Happy reserves the right, as authorized by the User in these Terms and Conditions of Use, to the use and assignment of all information regarding Website use and all information provided by User in any manner consistent with the Terms and Conditions of Use.
b. Subscribers can submit comments, insights, perspectives, advice, reviews and opinions for particular parts of the Website (hereafter “Insights”).
c. Subscribers can propose articles, explanations and practice tips (hereafter “Submissions”) to Happy for publication on happyeffectivelawyer.org.
1. Contributors represent and warrant ownership of all rights to the Contributions and the right to grant the Happy and its affiliates the license granted by posting a Contribution. Contributors acknowledge responsibility for any Contributions submitted and have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
2. Any Contribution submitted to the Website will be considered non-confidential and non-proprietary, and Happy has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Happy retains the right and sole discretion to accept, reject or remove any content without prior notice.
3. The Contributor may terminate a license to any Submission by emailing: firstname.lastname@example.org
9. Content Standards for Contributions
a. All Contributions submitted to the site and information contained in Contributor Profiles must comply with the Content Standards set out in these Terms and Conditions of Use.
b. These content standards apply to any and all Contributions. Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
c. Prohibited Content Contributions must not:
1. Contain any abusive, defamatory, obscene, harassing, hateful, indecent, inflammatory, offensive, violent, or otherwise objectionable material or language.
2. Promote sexually explicit or pornographic material.
3. Promote violence.
4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
5. Infringe any patent, trademark, trade secret, copyright or other intellectual property rights.
6. Violate the publicity and privacy rights of others.
7. Contain any material that could give rise to any civil or criminal liability under Conditions of Use.
8. Contain misrepresentations or deceptions.
9. Promote any illegal activity, or advocate, promote or assist any unlawful act.
10. Be likely to upset, embarrass, alarm or annoy any other person or foreseeably cause annoyance, inconvenience or needless anxiety.
11. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
12. Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
10. Comments and Suggestions
Happy welcomes comments and suggestions. Happy does not provide any compensation or acknowledgement for any suggestions, but they are valued as important feedback.
11. Happy’s Intellectual Property Rights
a. This application is owned and operated by The Happy Effective Lawyer, LLC, a Pennsylvania limited liability company. Happy grants Users a nonexclusive, personal, nontransferable, revocable, limited license to access and use the Happy Services, application and the related materials only in accordance with the Terms and Conditions of Use. Happy Services, name, logos, taglines, and goodwill all belong exclusively to The Happy Effective Lawyer, LLC.
b. Contributors’ binding obligations under the Terms and Conditions of Use are in consideration of Happy’s grant of license to use the Happy Services. The Happy Services include all data, information, text, articles, notes, videos, best practices, commentary, perspectives, insights, services, skills, tactics, tips, documents, including charts, checklists, guidelines, summaries, tables, links, and other materials, produced, published, displayed, distributed and otherwise made available to Contributors.
c. Happy does not authorize or approve: (1) modifying, copying, or create derivative works based on our application, its copyrighted design; (2) framing or mirroring any part of the application; (3) use of any bots, cookies, spiders, scripts, or other similar devices or processes; or (4) reverse engineer, decompile or disassemble any of our property.
Happy shall not sell Subscribers’ contact information or personal information to any third parties or use this information in a manner inconsistent with the Terms and Conditions of Use. Happy may use information to contact Subscribers about goods and services available or to provide updates regarding Happy’s Services.
13. Security of Data
No data transmission over the Internet can be guaranteed to be 100% secure. Happy’s cannot and does not guarantee or warrant the security of any information any information you transmit to us, or to or from our online services.
How Happy Will Use and Share Personally Identifiable Information
Happy may use your Personally Identifiable Information in a several ways, including, but not limited to:
• Communicate administrative matters, such as: billing, confirmations, and service messages
• Respond to your emails or online requests for products, services, or information
• Deliver and process surveys, newsletters, feedback, and other correspondence
• Enhance the usability of Happy
• Deliver Happy requested services
14. Sharing Your Personally Identifiable Information When Legally Necessary or to Protect Happy’s Interests
Happy may disclose your Personally Identifiable Information if required to do so by the law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Happy; (b) protect and defend the rights or property of Happy; or (c) protect the personal safety of Happy personnel or members of the public in appropriate circumstances.
15. User ID and Password
Certain sections of Happy may require the use of a user ID, email address, or password as an additional security measure. Or to otherwise limit access to the appropriate Course Subscription level.
16. Linking to Other Internet Sites
17. California Privacy Rights
18. Canada Anti-Spam Law (CASL)
Happy complies with CASL. Members who have provided a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (CEMs as defined under CASL) unless these members have opted-in to receive CEMs.
Happy may assign rights or delegate duties without prior consent so long as such action does not have an adverse effect on the functionality of the account.
20. Response to Legal Process
If Happy is served with a legal request to produce or disclose any account data (such as via subpoena or court order) Happy will first provide the affected Account Holder(s) with notice of the disclosure request so as to provide such Account Holder(s) with the opportunity to promptly intervene, unless the law specifically prohibits such action. Happy reserves the right to take any action that is necessary to comply with law, to protect our rights, or to protect the rights of other subscribers.
21. Governing Law; Venue
a. Any claim, action, suit, proceeding or dispute arising out of these Terms and Conditions of Use shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the Commonwealth of Pennsylvania without regard to the conflicts of laws provisions thereof. The parties hereby consent, acknowledge and agree that venue and jurisdiction for any mediation, arbitration, action, suit or proceeding arising out of this Agreement shall vest exclusively in the federal or state courts of general jurisdiction located in Allegheny County, Pennsylvania.
b. The Happy application is controlled, operated and administered by Happy from its offices within the United States of America. Data used in connection with the application, and the application itself, is hosted on servers physically located in the United States. Happy makes no representation that the application is appropriate or available for use at other locations outside the United States. If you access the application from a location outside the United States you are responsible for compliance with all applicable local laws, including, but not limited to, the export and import regulations of other countries. You agree that use of Happy is subject to the United States Export Administration Laws and Regulations.
22. Dispute Resolution Provision
a. Submission of All Issues and Matters
Any and all issues, conflicts, disagreements arising from this Agreement shall be resolved by first proceeding to mediation, and if mediation is unsuccessful, then to final and binding arbitration.
User shall nominate three certified or trained mediators on a federal or state court roster of neutrals who are attorneys licensed in Pennsylvania, and Happy shall select one of the three to serve as the impartial mediator. If User is not a resident of Pennsylvania, Maryland, Ohio, Virginia, or West Virginia, either User or Happy may request that the mediation be conducted by electronic means such as Face Time, Skype or other commercial service, although the mediator and some of the participants may convene and participate in person. If the User resides in any of these jurisdictions, the mediation shall be conducted in Allegheny County in person unless otherwise agreed in writing. The mediation shall be scheduled no later than 45 days following submission of the names of the candidates as mediators by User.
User shall nominate seven (7) attorneys licensed in Pennsylvania for more than 10 years, and Happy shall select one of the seven to serve as the impartial arbitrator. If User is not a resident of Pennsylvania, Maryland, Ohio, Virginia, or West Virginia, either User or Happy may request that the arbitration proceedings be conducted by electronic means such as Face Time, Skype or other commercial service, although the arbitrator and some of the participants may convene and participate in person if that is geographically convenient. If the User is licensed to practice in any of these jurisdictions, the arbitration shall be conducted in Allegheny County in person unless otherwise agreed in writing. The arbitration shall be scheduled no later than 45 days following submission of the names of the candidates as arbitrator by User. In event of disagreement on the arbitration process, the designated arbitrator shall determine the rules and procedures of the arbitration.
d. Each party shall pay their own expenses and the fees and costs of the arbitrator shall be borne equally by Happy and User.
e. Any claim will be brought by the User as an individual. User expressly agrees that they will not be a representative of a class or otherwise seek class action status as based upon any claim arising against Happy.
f. EACH PARTY WAIVES ANY AND ALL RIGHT OF TRIAL BY JURY IN ANY LEGAL PROCEDING ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS.
23. Amendment and Waiver; Severability
a. No waiver of any right or remedy on one occasion by The Happy Effective Lawyer, LLC shall be deemed a waiver of such right or remedy on any other occasion. In the event that any provision of the Terms and Conditions of Use is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.
b. Continued use of the Happy Services after the posting of revised terms and conditions of use constitutes User’s acceptance of the revised agreement.
24. Entire Agreement
With the exception of a separate Contributor Agreement to which Subscribers and Contribution Members agree, the Terms and Conditions of Use constitute the sole and entire agreement between User and Happy. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Happy Services.
Effective Date: 10.08.18