Legal Products vs. Legal Services
Legal products and legal services are two completely different things, and our firm sells them both. Before you purchase products or services from our firm, it’s critical that you understand which one you are purchasing and the difference between the two.
Legal “Services” are performed by a licensed attorney, such as legal advice, drafting documents customized for your unique situation, representing you in court, or providing legal advice for your unique situation. Legal Services may only be performed by an attorney licensed to practice law in the relevant state or jurisdiction. Legal Services involve the representation of an individual person or entity, with the legal Service being customized based on information provided by the individual or entity to the law firm. Legal Services are provided within the context of an attorney-client relationship, which means that professional ethics rules apply to both the attorney and client.
In contrast, legal “Products” (as sold by our firm) are off-the-shelf downloads, such as Word documents, PDFs, videos, toolkits, checklists, workflows, or other digital products. Our legal Products are not customized or tailed based on information you provide to us about your unique situation. Although our legal Products are prepared by attorneys who have researched the laws relating to that particular product, we do not represent that all of our products were necessarily prepared by an attorney licensed in the particular state where the legal Product will be used. When creating legal Products, we use our skills and knowledge to create helpful and cost-effective Products, but we do not provide legal services or representation through our products. How you choose to use our Products is completely up to you, and in some cases, it may be best to use our Products in conjunction with an attorney licensed in your jurisdiction. All legal Products will need to be edited and tailored to fit your exact situation, and in some cases, you may need to hire an attorney or exercise your own knowledge of the law and the legal system in order to use the Products effectively.
No Attorney-Client Relationship for Legal Products
Therefore, when you purchase Products from our firm, there is no attorney-client relationship formed. By completing the purchase of any Product from our firm, you acknowledge that our firm has not provided legal Services to you by selling you the Product. The terms and conditions of purchasing Products from our firm are set forth below under Terms of Product Sales and Website Use.
Legal Services Require a Separate Agreement
If you contact our firm through our website, phone number, email, or other method and ask us to represent you, there is no attorney-client relationship formed unless and until we agree to represent you, complete a successful conflict of interest check, and you sign a Client Services Agreement or Representation Agreement in which you agree to hire our firm for legal Services. If this occurs, the terms and conditions set forth in the Client Services Agreement or Representation Agreement would govern the attorney-client relationship.
Product Suggestions are not Legal Services
If you speak with one of our attorneys and you decline to hire our firm for certain legal Services, our attorneys might direct you toward legal Products available on our website that might interest you. If you choose to purchase a legal Product instead of hiring our firm for actual legal Services, you acknowledge that our suggestion of certain Products does not constitute the provision of legal Services, even if the Product suggestions were based on communication with you. By choosing to purchase a Product, you acknowledge that you could have hired an attorney at our firm instead or requested that our firm refer you to another attorney licensed in your jurisdiction. Therefore, you agree that Product suggestions do not constitute legal Services.
Terms of Product Sales and Website Use
Last updated: Mar 1, 2022 1:33 PM
Please read these Terms and Conditions (“Terms”) carefully before using the jonespropertylaw.com Website (the “Website”) operated by Jones Property Law, PLLC, a(n) Limited Liability Company formed in Oklahoma, United States (“us,” “we,” “our”) as these Terms contain important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer digital products on this Website. The price of these digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
When you purchase a digital product on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, Discover, MasterCard, Visa, and PayPal.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
If you retain our law firm for services, rather than purchasing products, then we may collect payments by check, ACH, cash, LawPay, or other agreed payment method.
We do not offer you the ability to cancel any purchases that you have made of the digital products offered on our Website.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
We do not offer refunds on any purchases of digital products made on this Website.
NO WARRANTY ON PURCHASES
THE ITEMS OR DIGITAL PRODUCTS DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR PRODUCTS DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.If you retain our firm for legal services, rather than purchasing a digital product, then the terms of our legal services will be governed by a separate representation letter signed with our firm, and by the rules of professional conduct for provision of legal services under applicable state law.
You agree that the remedy for breach of these Terms as it relates to your purchase shall be none. You also agree that the remedy for breach of these Terms as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms as it relates to your purchase.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Jones Property Law, PLLC or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL JONES PROPERTY LAW, PLLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF JONES PROPERTY LAW, PLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2018 – 2022 Jones Property Law, PLLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Jones Property Law, PLLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Jones Property Law, PLLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Ryan Jones at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Jones Property Law, PLLC
424 East 2nd Street, Edmond, OK 73034
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of Oklahoma, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Oklahoma County, Oklahoma.
YOU AND JONES PROPERTY LAW, PLLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
If you have any questions about our Terms of Service, please contact us at email@example.com.