The following terms and conditions govern the use of all websites related to the online marketing, promotion, and client interactions of Tingen & Williams, PLLC via its websites:
https://jacobtingen.com (the “Founder’s Blog”)
These sites, taken as a whole, are the “Websites.” The Websites are owned and operated by Tingen & Williams, PLLC (“Tingen & Williams,” “We,” or “Us.”).
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the Websites, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by Tingen & Williams, acceptance is expressly limited to these terms.
1. Visitor interactions with the Websites.
Tingen & Williams is unique in how it delivers legal services through its websites. As a result, there are a number of ways that site visitors interact with the website that fall outside of traditional interactions with a law firm. We clarify the impact of the following interactions between site visitors and the Websites, as it relates to Tingen & Williams’ ability to represent clients within existing legal frameworks.
a. Legal Information provided through Website articles.
Tingen & Williams provides information regarding different legal topics through its Website Knowledge Base and on other Website pages. Tingen & Williams’ informational articles are merely informational and are not legal counsel. Information on the Websites in no way substitutes legal counsel tailored to your specific situation. The information is provided “AS IS”, and Tingen & Williams disclaims all warranties of any kind, express or implied.
b. Online forms: conflict check; no expectation of confidentiality; no attorney-client relationship.
Tingen & Williams provides online forms which allow site visitors to give information to automate a number of legal processes. Due to the nature of the internet, Tingen & Williams may be unable to prevent site visitors who may be on opposing ends of a legal matter from visiting the Website and using our online tools.
By using tools, such as online forms, made available at the Website, you acknowledge this reality and recognize that submitting an online form does not create an expectation of confidentiality. You also allow Tingen & Williams the opportunity to conduct a conflicts check after submission of any online form, and prior to the formation of an attorney-client relationship.
In the event Tingen & Williams discovers a conflict, Tingen & Williams will delete any information you provided.
c. Electronic signatures.
Pursuant to Federal and Virginia law, your electronic signature is as valid as a traditional signature on paper.
You agree that your electronic signature as used in forms made available on Tingen & Williams is valid.
You have the opportunity to opt out of using an electronic signature, with the caveat that the delivery of our legal services may be delayed, or that we may deny representing you for your failure to use an electronic signature.
2. Formation of the Attorney/Client Relationship.
An attorney/client relationship protects the subject matter of any communication between us, but only after the relationship has been established.
You understand that communicating through the website does not necessarily create an attorney/client relationship, nor does it create an expectation of confidentiality under Virginia Rule of Professional Responsibility 1.6, and you are entirely responsible for communications you make via the Website and for any harm that results from your disclosing confidential information before an attorney/client relationship has been established.
For our purposes, you should consider that the attorney/client relationship applies only after Tingen & Williams has:
- considered the parties in your case and have determined that there is no conflict between our current clients and your legal needs, and
- after you have signed an attorney/client agreement to formally retain the services of Tingen & Williams.
3. Your User Account(s).
Tingen & Williams may create an account for you on the Websites. Some areas of the Websites may allow you to create your own user account. User accounts and user access have been enabled to allow Tingen & Williams to provide legal services in a confidential online forum.
By accessing your user Account, you agree that you are responsible for maintaining the security of your account, and that you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Websites.
Tingen & Williams may change or remove any information you place in blog post comments, or other areas of the site, that it considers inappropriate, unlawful, or otherwise likely to cause Tingen & Williams liability.
You must immediately notify Tingen & Williams of any unauthorized uses of your account or any other breaches of security. Tingen & Williams will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
a. Access Clients
Tingen & Williams offers a “true retainer” subscription service whereby site visitors may pay a low monthly fee and retain Tingen & Williams for certain enumerated services. For legal needs falling outside the enumerated services of the retainer agreement, Access Clients may receive a discount. These Terms of Service apply to all Access Clients as it relates to their interactions with the Websites.
Terms specific to each Access Client’s retainer agreement are incorporated into these Terms of Service as follows:
- Individual Access Retainer Agreement
- Small Business Access Retainer Agreement
- Home Business Access Add-on Retainer Agreement
- Civil Trial Access Add-on Retainer Agreement
4. Payment and Renewal.
a. Fees in General.
Tingen & Williams accepts payments through the Websites. Those payments are processed through third party gateways like Paypal, Stripe, or Square. You consent to sharing the necessary information with Paypal, Stripe, Square, or any other third-party gateway necessary to process payments through the Website. Tingen & Williams only accepts payments online via credit card, debit card, and electronic bank transfers.
b. Freshbooks; Invoicing.
Tingen & Williams issues invoices to clients through Freshbooks. You consent to sharing the necessary information with Freshbooks to allow Tingen & Williams to process invoices, create invoices, send invoices to you, and accept payment from you.
c. Automated Billing.
You agree to pay subscription fees via credit or debit card, and you understand and agree that your card will be billed automatically according to the payment schedule which you select when you purchase a subscription product or service.
d. Other Fees.
You agree to pay all other fees as listed on the website associated with each service, form, ebook, video subscription, or other product or service cost.
5. Responsibility of Site Visitors and Potential Clients.
If you post material to the Websites, communicate information to Tingen & Williams for the purpose of receiving legal counsel, or otherwise make (or allow any third party to make) material available by means of your user account or your interactions with the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to Tingen & Williams you grant Tingen & Williams a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the content on the Website, unless the Content was provided for the more limited purpose of obtaining legal counsel and if the material was provided to Tingen & Williams outside of the public areas of the site. If you delete Content, Tingen & Williams will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Tingen & Williams has the right (though not the obligation) to, in Tingen & Williams’s sole discretion (i) refuse or remove any content that, in Tingen & Williams’s reasonable opinion, violates any Tingen & Williams policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tingen & Williams’s sole discretion. Tingen & Williams will have no obligation to provide a refund of any amounts previously paid.
6. Intellectual Property.
This Agreement does not transfer from Tingen & Williams to You any Tingen & Williams or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tingen & Williams.
Tingen & Williams, PLLC, www.tingenwilliams.com, the Tingen & Williams logo, and all other trademarks, service marks, graphics and logos used in connection with Tingen & Williams, or the Websites are trademarks or registered trademarks of Tingen & Williams or Tingen & William’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tingen & Williams or third-party trademarks.
Tingen & Williams reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tingen & Williams may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Tingen & Williams may terminate your account, including your access to all or any part of the Websites, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tingen & Williams’s notice to you thereof. Tingen & Williams may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement or your account(s) on any of our Websites, you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Limitation of Liability.
In no event will Tingen & Williams, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tingen & Williams under this agreement during the three (3) month period prior to the cause of action. Tingen & Williams shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
You agree to indemnify and hold harmless Tingen & Williams, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.
Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:
a. From You to Tingen & Williams.
You must provide notice to Tingen & Williams via the contact form available at https://tingenwilliams.com/contact. Attempts to contact Tingen & Williams through other means made available on the website will not constitute notice under this agreement.
b. From Tingen & Williams to You.
Tingen & Williams will provide notice to You via the e-mail address provided with your notice to Tingen & Williams. If Tingen & Williams must provide notice to You but no e-mail address is available, Tingen & Williams may provide notice through the Website.
This Agreement constitutes the entire agreement between Tingen & Williams and You concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Tingen & Williams, or by the posting by Tingen & Williams of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Henrico, Virginia.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tingen & Williams may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
14. Disclaimer of Warranties.
THE WEBSITE IS PROVIDED “AS IS.” TINGEN & WILLIAMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TINGEN & WILLIAMS IS ALSO NOT RESPONSIBLE FOR INFORMATION APPEARING ON THIRD-PARTY WEBSITES THAT TINGEN & WILLIAMS LINKS TO. TINGEN & WILLIAMS MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
Last Updated: 10/28/2020