Terms

(Updated 10/19/2020)

By accessing this site and/or any associated content, functionality, programs, services, or offerings (collectively, "Platform") of Clarion Law, LLC, a Pennsylvania professional limited liability company ("Clarion" or "Firm"), you are agreeing to be legally bound by the following sections below:

I. Terms of Use

II. Terms of Representation

III. Program-Specific Terms (as applicable to your program)

By accessing the Platform, you are agreeing to be bound by the Terms of Use, Terms of Representation, Program-Specific Terms (as applicable to your program), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Platform.

If you access or use the Platform on behalf of a spouse/partner, company, organization, or other entity, then you represent and warrant that you are an authorized representative of that person/entity with the authority to bind him/her/it to these Terms and that you agree to these Terms on his/her/its behalf.

The Firm may revise these Terms any time without notice. All changes are effective immediately when posted. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By using the Platform you are agreeing to be bound by the then current version of these Terms of Use and Terms of Representation.

You agree to comply with Teachable's Terms of Use for the Teachable platform.

I. Terms of Use

Use License

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Firm, its licensors, or other providers of such material and are 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 Platform 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 the Platform, except that permission is granted to temporarily download one copy of any downloadable materials on the Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Platform;
remove or alter any copyright or other proprietary notations from the materials;
transfer the materials to another person or 'mirror' the materials on any other server; or
share access to the Platform, including its content.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Firm at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
For any program or portion of the Platform that has a limited duration access period (the "Access Period"), your right to use or access the Platform (or that portion of it) is limited to the Access Period. The Firm reserves the right to terminate your access to the Platform (or applicable portion of) after the Access Period ends. The Firm is not obligated to provide additional services after the Access Period, nor will refunds be made at such time.

Trademarks

The Firm name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Firm or its affiliates or licensors. You must not use such marks without the prior written permission of the Firm. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Disclaimer

The Firm will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. The materials on the Platform are provided 'as is'. The Firm makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Firm does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Platform or otherwise relating to such materials or on any sites linked to the Platform.

User Credentials & Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify the Firm immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Firm has the right to disable any user name, password, or other identifier, whether chosen by you or provided by the Firm, at any time in the Firm's sole discretion for any or no reason, including if, in the Firm's opinion, you have violated any provision of these Terms.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Firm or users of the Platform, or expose them to liability.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.

Limitations

In no event shall the Firm be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Firm’s website, even if the Firm or an authorized representative of the Firm has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errors

The materials appearing on the Platform may include technical, typographical, or photographic errors. The Firm does not warrant that any of the materials on the Platform are accurate, complete, or current. The Firm may make changes (including additions any deletions) to the materials contained on the Platform at any time without notice, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and the Firm is under no obligation to update such material.

Links

The Firm has not reviewed all of the sites linked to the Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Firm of the site. Use of any such linked website is at the user's own risk.

Governing Law and Venue

Any claim relating to the Platform shall be governed by Section II.B.11 of the Terms of Representation (entitled "Governing Law and Venue").

Indemnification

You shall defend, indemnify and hold harmless the Firm, its affiliates and each of its and their respective employees, contractors, attorneys, members, managers, directors, and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Platform, your violation of these Terms, or infringement by you, or any third party using your account or identity in the Platform, of any intellectual property or other right of any person or entity. The Firm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Assignment

The Firm can assign, transfer, or delegate any of its obligations hereunder without consent, subject to the applicable Rules of Professional Conduct. You cannot assign, transfer, or sublicense any of your rights or obligations under these Terms without the Firm's consent.

II. Terms of Representation

These Terms of Representation contain:

A. Platform Terms - these are terms that apply to our services in connection with the program(s) that you purchase or use on the Platform.

B. Expanded Representation Terms - these are terms that apply if you ask us to provide services to you that are outside of the scope of the program(s) that you purchase or use on the Platform. In other words, if you ask us to assist you with other matters, these are the terms that apply to our services and representation of you in those other matters unless there is a separate written agreement that governs those instead.

A. Platform Terms

Conflict of Interest. Upon your enrollment or request for enrollment, we reserve the right to check for a conflict of interest under the applicable Rules of Professional Conduct, which could prohibit or impede us from representing you or providing services to you. We reserve the right to reject any representation and/or terminate any enrollment in our sole discretion, including in the event that we determine the existence or possible existence of a conflict of interest. In such event, we will issue you a refund.
Refund. Fees are non-refundable except as otherwise set forth in the refund policy for a program. The refund policy for a program is typically listed on the sales page for the respective program. Additional details of the program's refund policy may apply as set forth in Section III (entitled 'Program-Specific Terms') below. Program fees are not considered retainers and are non-refundable except as otherwise set forth in the refund policy for the applicable program.
Contact Information. You are responsible for keeping the email address associated with your account up-to-date. You are also responsible to keep your other contact information with us up-to-date, and notify us of any changes to your address, email address, or other contact information.
Termination. We reserve the right to terminate the program or your access to it at any time.
Representation Terms. The following sections of the Expanded Representation Terms below also apply to your access and use of the Platform and related services:
Section 3 - Interest, Finance Charges & Returned Checks
Section 7 - Joint Representation/Multiple Clients
Section 9 - Electronic Data Communication and Storage
Section 10 - Retention of Client Files and Certain Documents
Section 11 - Governing Law and Venue
Section 12 - Non-Payment

B. Expanded Representation Terms

Hourly Rates. For any future work that you ask us to do or expansion of the scope of the representation, we will charge for our services at our then current hourly rates, unless we agree in writing otherwise. If we need to travel on your behalf, we may charge our regular rates for travel time, but generally we try to work out the most efficient way possible to keep your costs down. We may adjust our rates periodically, which we typically do at the beginning of the calendar year. Updated information about our current hourly rates is available upon request from the attorney in charge of the matter and might also be found on our website at https://www.clarionlaw.net/rates. The rates listed are not necessarily the rates that we charge for all our projects. At times, we may charge different rates or fees depending on factors such as the time and labor required, the novelty and difficulty of the questions involved, the skill needed to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the time limitations imposed by the client or by the circumstances, and the experience, reputation, and ability of the lawyers performing the services.
Invoices. We generally send invoices monthly, but sometimes we will send them more or less frequently, such as upon the completion of a project or a phase of a matter. Our fees will be due and payable upon the receipt of our bill, as are costs and expenses advanced on your behalf. You agree to pay a bill within 30 days of invoicing. We ask that you raise any questions about our charges within this 30-day period, so that we may address them promptly. In some situations, with your permission, we may collaborate or associate with other law firms or refer them in connection with your representation. In such instances, you might receive a single bill for the fees of our firm and the other law firm. By accepting these terms, you consent to the division of fees between our firm and the other firm.
Interest, Finance Charges & Returned Checks. If your bill becomes overdue, a finance charge will be added to your next bill. The amount subject to the finance charge will be that part of the previous balance not paid or otherwise credited before the statement due date. The finance charge will be determined by applying a monthly percentage rate of 1.5% (corresponding to an effective Annual Percentage Rate of 19.56%, after monthly compounding) to the unpaid previous balance. You may avoid any additional finance charge by paying the entire current balance on or before the due date. You will pay $25.00 for each check tendered to us that is returned by the institution on which it is drawn for any reason, plus any late charges and interest until we receive payment.
Payment of Outside Costs & Expense Reimbursement. Unless you instruct otherwise, we will assume Clarion is authorized to pay on your behalf any bills associated with matters for which you engage us. Sometimes we will do so, paying costs for you like filing fees, recording fees, etc., and adding that cost to your invoice. That said, any outside costs (filing fees, recording fees, outside professionals, etc.) remain your responsibility and we are not required to pay any costs or fees on your behalf. Ordinarily, Clarion will not incur outside costs more than $500 in the aggregate without your authorization. Whether these costs, expenses, and fees are paid by Clarion or not, you will remain liable for them until they are paid in full. Costs, expenses, and fees are payable regardless of the outcome of the matter. In performing our services, we will customarily incur photocopying, postage, and other “out of pocket” expenses. We do not “nickel and dime” you for this. You won’t see charges for things like routine copy jobs, stamps, or “overhead” or “office expense” charges that some other lawyers charge. If we have to FedEx something for you or send it by certified mail, we will add that cost to your invoice, but we don’t mark it up in any way. Much of our communication is sent electronically, so these costs usually are not significant anyway.
Retainers. Under certain circumstances, we may request a retainer to hold as a deposit against future fees and out-of-pocket costs. Retainers will be deposited into our Trust Account. If there are retainer funds left over at the end of the representation, we will return them to you if you wish.
Adding Additional Clients to the Representation. From time to time, you may request that we represent an additional client in connection with your representation (for example, a new business entity that you become involved with, or a family member who is connected with your project. In such circumstances, we may send an “Additional Client Addendum” for the new client to sign to be added as a client under the Agreement.
Joint Representation/Multiple Clients. If you ask us to represent multiple clients jointly, you should be aware that this raises special issues for the attorney-client relationship. The benefit of joint representation is that by sharing legal counsel, clients are able to share expenses that would be duplicated if each had separate counsel. The risk of joint representation is that your interests may diverge in the future. As counsel to each of you, we would not owe a greater duty of loyalty to any one of you than to the other. If such a conflict should arise and become intolerable to us, or to you, it would be necessary for us to terminate our joint representation of one or more of you, and to advise seeking independent counsel. Any termination of our representation would be done in a manner that would not prejudice any of your rights. Also, any of you have the right at any time to terminate our representation of you. Each client is jointly and severally for obligations under the Agreement. You confirm that you have been advised of the scope, and the risks and benefits of joint representation.
Termination of Representation. You can terminate the representation at any time upon written notice to us, and we can terminate the representation according to the applicable rules of professional conduct. If the representation is terminated, you agree to pay all fees accrued and expenses incurred through the date of termination and during our transition of the matter to you or your successor counsel. We take ethics and our professional obligations very seriously. If you ask us to do anything illegal or unethical, we will terminate the representation.
Electronic Data Communication and Storage. To facilitate our services to you, we may communicate with you or others by email, fax, cell phones, or by sending data over the internet, including the use of unencrypted email. Emails will not be encrypted unless you request it in writing. We may store some or all of your files on a variety of platforms, including 3rd-party portals or cloud-based servers or services. Electronic data that is confidential to your representation may be transmitted or stored using these methods. Although we take precautions to make sure these servers are encrypted and secure, there is still a risk that your confidential or privileged information may be disclosed, notwithstanding all reasonable security measures employed by us or our 3rd-party vendors. By accepting these terms, you consent to our use of such communication and storage services.
Retention of Client Files and Certain Documents. It is our policy to return any documents that you provided to us when a matter is completed, if you request. However, the working papers and other file documents that we develop are our property and we may retain them at our discretion. At the conclusion of the matter, our policy is to retain your legal files for a period of 7 years after we close our file. If you wish to have the files returned during this time, you must notify us. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files. If you have not requested possession of the file at the end of the retention period, then the file may be destroyed in accordance with our record retention program without giving you prior notice.
Governing Law and Venue. These Terms, our representation, services, the Platform, and all questions relating to it or them are governed by Pennsylvania law without regard to its principles of conflicts of law. If a dispute arises between us relating to these matters, all such matters shall be resolved by a court. You agree that the state courts of Pennsylvania located in Chester County will be the exclusive forum for litigation concerning these matters. You consent to personal jurisdiction in such courts as well as service of process by notice sent by regular mail to your address on file and/or by any means authorized by Pennsylvania law. If there is any such litigation, if we are the prevailing party, we will be entitled to recover our reasonable attorneys' fees and other costs of collection.
Non-Payment. If you do not pay a bill when it is due, we may terminate some or all legal services. If payments are not made as agreed, you agree to bear all costs of collection, including reasonable attorneys’ fees. By accepting these terms, you are promising us that you have the financial ability to pay all fees, costs, and expenses contemplated by this Terms. If you are worried about your ability to pay, give us a call and we can discuss a good solution.
Updates to the Terms. We may revise and update these Terms from time to time in our sole discretion. However, any changes to the dispute resolution provisions set out in the "Governing Law and Venue" section will not apply to any disputes for which the parties have actual notice on or before the effective date of the changes. For revisions and updates to apply, we will either: (1) notify you of the changes by email or mail; (2) obtain your written acceptance to the revised/updated terms; or (3) post them to our website (in which case all changes are effective immediately when we post them on our website, and apply thereafter.)

III. Program-Specific Terms

Estate Planning Essentials program

Personal Use. The program, including its content and estate planning documents, is for your one-time, personal use. You cannot use it for other people. The Firm is not obligated to make future updates or changes to your estate planning documents.
Refund Policy: Additional Details. A portion of the fee (as specified on the sales page for the program) is non-refundable. If you change your mind and email us to request a refund within 48 hours of signup, we will refund the balance (provided you have not already had your planning meeting/call with your attorney.)
Couple/Spouse. If you signup for our "Couple" pricing option, then your spouse/partner is subject to the restrictions and limitations of these Terms (including the Terms of Use and Terms of Representation). You shall be deemed to have accepted and consented to such Terms on his/her behalf in the event that he/she does not separately agree to them by clicking through to access the program.
Attorney/Paralegal Time. Notwithstanding the duration of the program Access Period or the fixed fee pricing, the program does not provide you with unlimited access to, or time with, the Firm's attorneys, paralegals, and other personnel. The program includes access to the Platform and only the specific meetings, calls, and interactions that are part of the program materials. If you want additional time from Firm personnel (other than customary incidental support during the Access Period with accessing or using program materials or other interaction customarily associated with the program in our ordinary course of business), then additional charges may apply.
Signing on your Own. The program includes the opportunity, during the Access Period, to sign your estate planning documents at our office in front of a notary. If you choose not to sign at our office, then we are unable to confirm the completeness of the signing process and cannot be responsible for their proper completion.
Document Storage/Retention. If you ask us to retain signed originals of your Will, powers of attorney, or other estate planning documents, we will retain them in accordance with the applicable Rules of Professional Conduct. We reserve the right to return the documents to you at any time. We reserve the right to charge administrative fees and costs associated with retaining, researching, retrieving, copying and delivering such files. You must update us in writing of any changes to your address or contact information during the document retention period.