This website (“Site”) is owned by Simons & Associates Law, P.A., (“Company”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
“Company”, “We”, “Our”, or “Us” means Simons & Associates Law, P.A.,
“Content” means any and all written, visual, video, or audio information contained on the Site or provided as a link to our Content on other platforms/sites, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates, e-books, forms, membership materials, webinars and other instructional videos and photographs regardless of whether they are in a viewable, downloadable or access to a streaming form. Content includes Content for specific Member categories or programs.
“You” or “Your” means a Visitor, User, Customer, or Member of the Site.
“Visitor” or “User” means any individual, including Members, who accesses any Content on the Site, whether the Content is free or paid.
“Customer” means any individual who has purchased Content from us on the Site, including Members.
“Member” means a User or Customer who has signed up for a package of “Member Benefits” offered through our site under specific terms and conditions of the Member category or program.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
Member or User License Granted. A “Member” or “User” of our Site is someone who has been granted access through a nonexclusive, nontransferable, revocable license to access and use our Site and Content strictly in accordance with this Agreement.
Our Services. Simons & Associates Law, P.A. is a law firm that caters to the needs of health care providers in private practice. We provide legal and non-legal practice management consultation to practitioners in the United States. Some of our services are provided through “membership” programs. Please refer to the services offered in your membership program for specific details. Simons & Associates Law, P.A. has also developed proprietary educational products and services (hereinafter “Content”) offered through our Site.
The information and materials contained on our Site has been prepared and made available by for informational purposes only and does not constitute legal, business, tax, or other professional advice on any matter and may not reflect the most current legal developments. In addition, the application and impact of relevant laws will vary from jurisdiction to jurisdiction. No recipient of information or materials from this Site should act or refrain from acting on the basis of any information or materials contained on this Site without seeking individualized legal advice on the particular facts and circumstances at issue from an attorney. Your use of this Site does not create a lawyer-client relationship between you and Simons & Associates Law, nor will any information you submit to us via this Site or by electronic mail be considered a lawyer-client communication or otherwise be treated as confidential or privileged unless we have already established an attorney-client relationship through an engagement agreement.
Testimonials. You also acknowledge that all customer testimonials found on our Site are strictly the opinion of that person and any results such person may have achieved are solely individual in nature and your results may vary. Any and all current or past-client testimonials, statements, or examples used by us or posted by individuals on our Site are not guarantees that you will also experience or receive the same results. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice.
Recorded Sessions. We may record some online sessions and post the session on our website. We will advise you in advance before recording the session so you can determine whether or how you wish to participate. If we advise you that we are recording audio and/or video during the session and you participate, allowing your image to be seen or your voice to be heard by other participants, you are consenting to our posting of your image and/or comments on our website or for any other use at our discretion. If you do not want your comments to be part of the recording, you should not make the comment during the live session. If you do not want your image to be included in a group exercise session or other meeting, please do not turn on your video camera.
User Access to On-line Purchases. When you purchase a webinar, membership, product or service you will set up a Username and Password that will allow you to access your purchase or your purchase will be emailed to you. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
Prohibited Uses. You are prohibited from using the Site and its Content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website.
Right to Terminate. We reserve the right to limit your use of the Site and/or the Content or to terminate your account should the we determine, in our sole discretion, that you have violated any of the prohibited uses or any other terms in this Agreement. In addition, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Payment and Purchases. When you purchase or download Content from us or the Site you will be directed to our payment processing vendor. By doing so, you give us permission to automatically charge you for payment. You will receive an electronic receipt for your records.
If your payment method fails or is otherwise declined, your purchase will be canceled and/or your access to purchased Content terminated. In the event you receive the product or service before your payment is declined, you will still be responsible for the full cost of your purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a purchase or download of Content, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for the payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase or use of our Site and its content.
Refunds. We will do everything within our ability and within reason to ensure your satisfaction, but we generally do not provide refunds once access to the Content has been made available to you. If any Content or membership has specific refund policies, it will be stated so in the description of the program or membership service.
Your License to Us. If you post or submit to us any creative ideas, inventions or suggestions for our Content or services, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. This does not apply to personal information otherwise subject to any confidentiality requirements under law or this Agreement.
Digital Millennium Copyright Act of 1998. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Elite at the address in the Contacting Us section below.
Third-Party Links. Third-party links on our Website, whether posted by us or other Users, may direct you to third-party websites that are not affiliated with us. Any suggested websites or links provided is not an endorsement, sponsorship or approval of that website or its content. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Consent to Receive Communications. When you purchase Content or register as a Member or visitor on our Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at the address in the “Contact Us” section below.
Your Personal Information. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
WARRANTIES DISCLAIMER. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT/MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH CONTENT/MATERIALS, THE SUITABILITY OF SUCH CONTENT/MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.. THE COMPANY DOES NOT WARRANT THAT USE OF THE CONTENT/MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE CONTENT/MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER, INCLUDING, FOR EXAMPLE, YOUR WEB SERVICE PROVIDER SERVICE, PAYMENT PROCESSING SERVICES, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
Indemnification. You agree to indemnify and hold the Company and its directors, officers, employees, agents and assigns harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Waiver of Right to Pursue Class Action Claims. You agree to only resolve disputes with use on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Governing Law and Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Simons & Associates Law, P.A., Attn: Gwen Simons, P.O. Box 1238, Scarborough, ME 04070-1238
Last Updated: 4/22/2020