Terms & Conditions for Membership Programs

PLEASE READ THESE TERMS AND CONDITIONS FOR OUR MEMBERSHIP PROGRAMS 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.  AS A MEMBER OF ANY MEMBERSHIP CATEGORY, YOU ARE ALSO AGREEING TO THE TERMS OF OUR PRIVACY POLICY AND WEBSITE TERMS OF USE.

Services.  Simons & Associates Law, P.A. (hereinafter “Simons & Associates Law) and Gwen Simons provides various “membership” programs that include legal and non-legal services.  Please refer to the services offered in your membership program for specific details.  

“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.

Administrative Approval.  Our various membership programs (“Program” or Program(s)”) are intended for specific audiences.  We determine, at our sole discretion, whether you meet the membership criteria for the program you choose to join.  You understand that your membership is subject to administrative approval and your compliance with these terms of service.  We reserve the right, at our sole discretion, to terminate any individual’s or entity’s membership with or without case. 

Term.  If the Program is an annual or monthly subscription, you are required to join for a minimum of one (1) year.  After 12 months, you will continue to receive membership benefits at the then current monthly fee until you unsubscribe on our website or through PayPal.  You understand that your payment does not represent pre-paid legal fees and you will not be entitled to a refund after you unsubscribe.  You also understand that we do not provide refunds for memberships that are canceled.

Confidentiality and the Attorney-Client Relationship.  Your membership status does not necessarily mean all communications from us are attorney-client communications.  You understand that there is no guarantee of confidentiality of anything you say or share in an on-line webinar or live meeting that we sponsor.  Your expectation of privacy for any information you share with us should be limited to non-public information you communicate to us through secure methods of communication when seeking legal advice.  E-mail, unless encrypted, is not secure and we are not responsible for any confidentiality, privacy or security breach that results from unauthorized access to e-mail regardless of how the e-mailed information was accessed or who initiated or sent the e-mail correspondence.

If you ask us to do legal work that is outside your membership benefits, you understand that we may turn down the opportunity to do the work, especially if we are unable to meet your needs or have a conflict of interest.  We can provide consultation and education on general practice management, which are not considered legal services, and legal advice on federal laws, including but not limited to HIPAA and Medicare compliance. If you require counsel by an attorney in your state, we will let you know.

E-mail and phone consultation included in the membership package of services is limited to short questions and answers.  It does not include scheduled lengthy phone conferences or long E-mail correspondence related to other legal work we are doing for you.  If we have to do any research or other work to answer your questions, you will be billed at our current member discount rate.  We will let you know in advance if we will have to bill you for answering questions or doing work that is outside the scope of your membership.

Member Obligations.  When your Member access is set up, you will be assigned a unique User Name and Password that will allow you to access our Services. 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.

Member emails.  If we send an email to a member group, we ask that you not “Reply to All” if you respond to such group emails.  To do so may result in members getting unwanted emails from someone they may not know.  If you would like to get an announcement out to a particular member group, please send it to us and we will send it to the member group if it is appropriate.

Privacy Policy.  We do not share our member list with third parties. We will not share other personal or proprietary business information with third parties without your consent if we know in advance that such information is considered confidential and proprietary.  We do, however, send group emails to members from time to time with email addresses blinded.  Members may occasionally “reply to all,” resulting in you receiving emails that do not necessarily come from us.  We discourage our members from doing this, but we cannot control the conduct of everyone.

Intellectual Property Issues.  Our Content, as found within our Website and Program(s), is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as generally and ordinarily permitted through the Website according to these Terms of Use.  Your use of our Website and Services does not grant you any ownership rights to our Content.  You may share access to the Members Only content on our website with your staff but you may not share your password, Members Only website content, or any other information you gain access to by being a member that is not public knowledge with any third party outside of your business organization.

Third-Party Links.  Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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.

Disclaimer of Warranties.  YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR PROGRAM IS AT YOUR SOLE RISK. BOTH THE WEBSITE AND RESOURCES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  OUR WEBSITE AND RESOURCES MAY NOT ALWAYS BE UPDATED AND MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  SIMONS & ASSOCIATES LAW AND GWEN SIMONS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR RESOURCES.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR RESOURCES.  WE DO NOT REPRESENT OR WARRANT THAT ANY CONTENT FOUND WITHIN OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-­FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH OUR WEBSITE YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  SIMONS & ASSOCIATES LAW AND GWEN SIMONS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE P SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.  TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Notices

We may send to you any privacy or other notices, disclosures, or communications regarding our Program(s) by E-mail using the address associated with your User Name or by posting the communications on the Website. The delivery of any communications from us is effective when sent by us, regardless of whether you read the communication when you receive it or whether you actually receive the delivery.  You may send notices to us by mailing it to us, certified mail, return receipt requested, to P.O. Box 1238, Scarborough, ME 04070.

Governing Law and Jurisdiction

The sole jurisdiction and venue for actions related to the subject matter in this Terms of Use Agreement shall be the State of Maine.

Amendments to Terms of Use.  We may amend these Terms of Use at any time by sending you notice in accordance with the Notice section of this Agreement.

Last updated April 22, 2020.