Phone (704) 951-7548

Fax (888) 684-1215

301 McCullough Drive, Suite 400, Charlotte, NC 28262

©2015 by Dickens Law Group, PLLC. All rights reserved.

 

TERMS, CONDITIONS, and PRIVACY POLICY

These Terms, Conditions, and Privacy Policy ("Terms and Conditions") describe your rights and responsibilities and state the terms and conditions under which you may use this Website. This is a binding contract between Dickens Law Group, PLLC (“DLG” or “we”) and you (“you”). You must read and agree to the Terms and Conditions before using the DickensLawGroup.com website (the “Website”) or any features or functionality available on or through the Website (collectively, the “Service”). By using the Service, you agree to the Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Service. It is your responsibility to review the Terms and Conditions periodically. DLG reserves the right to modify the Terms and Conditions from time to time without notice and in its sole discretion at any time by updating the Website, and your continued use of the Website after any modifications by DLG shall constitute your acceptance of such modifications.

 

The Terms and Conditions govern your use of the Website; by using the Website, you accept the Terms and Conditions in full. If you disagree with the Terms and Conditions, or any part of the Terms and Conditions, you must not use the Website.

You must be at least eighteen (18) years of age to use this Website. By using the Website (and by agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age.

1. Description of Service. DickensLawGroup.com is the Website created, owned, and maintained by DLG, a provider of legal services. The materials and information on the Website are for informational purposes only. This information is not intended to provide legal advice or create attorney-client relationships. Readers of this information should not act upon this information without seeking professional legal counsel.

We reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

2. Modification of Terms. At any time, DLG may change these Terms and Conditions, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms and Conditions. Such changes may occur at any time and with or without notice to you. Your continued use of the Service after a change in the Terms and Conditions will mean that you have agreed to be bound by the amended Terms and Conditions. We will not be liable to you or any third party should we exercise such right. Any new features that add to, augment, enhance, or otherwise change the then-current services on the Website shall also be subject to the Terms and Conditions.

3. Content Protected by Intellectual Property Rights. All DLG service, work products, and any other content available through the Service and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of DLG and/or its licensors.

4. Intellectual Property. Unless otherwise stated, DLG and/or its licensors own the intellectual property rights in the Website and all material on the Website.

 

You must not republish material from the Website (including without limitation republication on another website); sell, rent, or sublicense material from the Website; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose; edit or otherwise modify any material on the Website; or redistribute material from the Website.

5. Privacy Policy.

Personal Information Collection

DLG may collect and use the following types of personal information: information about your use of the Website; information that you provide for the purpose of registering with the Website; information about transactions carried out over the Website; information that you provide for the purpose of subscribing to the Website services; and any other information that you send to DLG.

Using Personal Information

DLG may use your personal information to: administer the Website; personalize the Website for you; enable your access to and use of the Website services; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing and other communications.

If and when DLG discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of the Terms and Conditions.

In addition to the disclosures reasonably necessary for the purposes identified herein, DLG may disclose your personal information to the extent required to do so by law, in connection with any legal proceedings, or prospective legal proceedings, and in order to establish, exercise, or defend DLG's legal rights.

Securing Your Data

DLG will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.

6. Refund Policy.

Fees paid to DLG, including, without limitation, registration fees for any seminars, are deemed earned, owed, and paid upon receipt—you will not be entitled to a refund of any portion of fees once paid.  In the sole discretion of DLG, you may be entitled to apply fees paid towards fees for other services and/or seminars. As with any legal service, DLG cannot guarantee any specific legal outcome(s), and fees are due and nonrefundable regardless and independent of outcomes.

7. Third Parties.

Advertisements and Links to Third Parties

The Website may contain advertisements, offers, or other links to websites of third parties that DLG does not control. Advertisements and other information provided by third parties may not be wholly accurate. DLG is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products, or services available from such sites. The inclusion of any link on the Website does not imply that DLG endorses the linked site. You use the links at your own risk. DLG's Terms and Conditions are only applicable to when you are on DLG's Website. You use the links to other websites at your own risk and once you enter another website, that site’s privacy policy and terms are applicable to any personal information you provide while on that website.

Third party vendors, including Google, use cookies to serve ads based on your visits to DLG's websites or other websites. Third parties', including Google's, use of advertising cookies enables them and their partners to serve ads to you based on your visit to DLG's website and/or other sites on the internet. You may opt out of a third-party vendor's use of cookies for personalized advertising by visiting  www.aboutads.info. DLG currently only uses Google to serve ads on the DLG website, although this is subject to change. To learn more about how Google may use your information, you can read How Google uses data when you use our partners’ sites or apps You may opt out of personalized advertising with Google by visiting  Ads Settings.

Transactions with Third Parties

Your transactions and other dealings with third party merchants and/or advertisers that are found on or through the Website, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

8. Indemnification

You agree to hold DLG and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assignees (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses, and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and content; (ii) your violation of these Terms and Conditions, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Website and any dispute you have related to any merchant or advertising found on or through the service; (iv) DLG's resolution (if any) of any dispute you have with any user of the Service; (v) any disclosures made with your permission; and (vi) any legal services provided to you by DLG.

9. Disclaimer of Warranties.

THE SERVICE AND ALL MATERIALS ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE, OR PERFORMANCE. WITHOUT LIMITING THE FOREGOING, DLG MAKES NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE FROM DLG OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY DLG OR ANY OTHER OF ITS AFFILIATES.

10. Exclusion of Damages; Limitation of Liability.

To the maximum extent permitted by law, none of the Indemnified Persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence), or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the Indemnified Persons exceed, in total, the amounts paid by you to DLG.

11. Notices and Contact Information.

DLG may provide notices by posting them on the Website; therefore, it is your responsibility to review the Website and the Terms and Conditions periodically. You also authorize DLG to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Website for notices, and you will be considered to have received a notice when it is made available to you by posting on the Website or when sent by DLG via electronic mail, whether or not received by you. DLG may provide notice to any email or other address that you provide to us. You must keep your email address current and any notice sent by DLG to the email address that you have most recently provided is effective notice. You must send us any notice by mailing it to our address for legal notices which is:

Dickens Law Group

301 McCullough Drive

Suite 400

Charlotte, NC 28262;

with a copy being sent by email to: WeCare@DickensLawGroup.com. Notice sent by email alone is not effective notice.

12. Additional Terms.

Agreement to Conduct Transactions Electronically

All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If DLG decides to proceed non-electronically, the services will still be governed by the remainder of the Terms and Conditions, unless you enter into different terms on a document provided by DLG. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and Conditions, and any other contract or disclosure that we are required to provide to you.

Compliance with Laws

You are responsible for compliance with applicable local laws.

No Agency; No Third Party Beneficiary

The Terms and Conditions do not create any agency, partnership, joint venture, employee-employer, franchisor-franchisee, or other relationship. Except for the Indemnified Persons, there are no third party beneficiaries of the Terms and Conditions.

Severance

If any part of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms and Conditions is given effect to the fullest extent possible.

Assignment

The Terms and Conditions are personal to you and you may not transfer, assign, or delegate them to anyone without the express written permission of DLG. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of DLG will be null and void. DLG has the right to transfer, assign, and delegate these Terms and Conditions to one or more third parties without your permission.

Jurisdiction; Choice of Law; Export Limitations

This Service is controlled by us from our offices in the United States of America and is directed for us by United States users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms and Conditions. The Terms and Conditions and all performances and claims of every nature between us are governed by the laws of the State of Utah, U.S.A., without regard to any conflicts of law principles that would result in the application of the law of a different jurisdiction. You submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Utah County, Utah.

Limitations on Actions

Any action concerning a dispute with respect to the Service must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.

Interpretation

The paragraph headings in the Terms and Conditions are included to help make the Terms and Conditions easier to read and have no binding effect. As used in the Terms and Conditions, the words “include” and “including” are meant to be illustrative and not exhaustive.

Entire Agreement

The Terms and Conditions (including any terms incorporated into them) and any policies and guidelines posted to the Website comprise the entire agreement (collectively the “Entire Agreement”) between you and DLG with respect to the use of the Service, and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

No Waiver

The failure of any party to exercise or enforce any right or provision of these Terms and Conditions, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms and Conditions for your records.

Legal Notices.


Notice of Availability of Filtering Software

All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

Notice: No Harvesting or Dictionary Attacks Allowed

You may violate federal law if you: (1) initiate the transmission to grab computers or devices of a commercial electronic mail message (as defined in the U.S. “Can-Spam Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.

Notice Re Trademarks

The trademarks DLG, Dickens Law Group, and all other trademarks listed below or used in the Service are owned or used under license by DLG and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved. NOTICE RE COPYRIGHT OWNERSHIP: © Dickens Law Group, PLLC. All rights reserved.

DICKENS LAW GROUP

YOUR NORTH CAROLINA REAL ESTATE LAW FIRM