Million Dollar AttorneyⓇ KPIs for Lawyers Terms and Conditions Agreement
This Million Dollar AttorneyⓇ KPIs for Lawyers Terms and Conditions Agreement (“Agreement”) is between Wendy Witt International, LLC, a Pennsylvania limited liability company doing business as Attorney Alchemy, (“Company”) and You (“Client” or “You”) regarding certain law business strategy consulting services You wish Company to provide to You. By purchasing one of Company’s programs You expressly agree to be bound, without modification, to this Agreement. If You do not agree to be bound to this Agreement, You cannot purchase one of Company’s programs.
If You are purchasing the Program on behalf of an organization, You warrant that You are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
This Agreement was last modified on August 10, 2018. Company may amend this Agreement at any time by sending You a revised version at the email address You provide us at the time of purchase, and You automatically become bound by the latest version of the Agreement. You have an affirmative duty to notify us of any changes to Your email address, and to review any changes to the Agreement.
Program. The Million Dollar AttorneyⓇ KPIs for Lawyers is a virtual, pre-recorded course. You will receive the educational materials as described on the webpage for the Program that You purchased.
Your Duties. As part of this Agreement, You acknowledge that in order to get the most out of this Program, you must be willing to review all Program materials and participate fully in the Program to achieve results. You understand that implementation is your responsibility, and is necessary for You to obtain value from this program. You also understand that any abusive, negative, or inappropriate conduct is a material breach of this Agreement.
Fees. For the program as described above, You agree to pay Company the following:
One-time payment of $197.
Fees must be paid via the Company’s credit card portal or another method mutually agreed upon by the parties. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. Client understands that if a payment is late or declined for any reason, no admission to the program will be granted until the issue is rectified. Company shall have the right to recover expenses including collection costs and reasonable attorney's fees incurred in the collection of overdue amounts.
No Refunds or Exchanges. All sales are final. There are no refunds or exchanges.
Testimonials; No Guarantees. The testimonials and recommendations on the sales page of the Program and elsewhere were provided without compensation to the providers. They do not constitute a guarantee, warranty, or prediction regarding the outcome of your using the Program, and are merely provided as helpful educational information to assist You in making a decision–not as indicative of expected results. Each person and business featured has unique circumstances that drive their results, such as their experience, implementation, and history. Specific results depend upon how much effort You put into your Program, and where You are in the development of your practice. As such, the Program does not and cannot guarantee that any specific results that we discuss or that You imagine will be obtained from this program.
Not Legal, Medical, or Tax Advice. You understand that You are not a patient or legal client of Company, and that Company is not providing medical advice, mental health advice, therapy, tax advice, legal advice, or legal ethics opinions under this Agreement. You should seek medical advice for any medical or mental health problems, and You have the responsibility to consult with a medical professional regarding any medical conditions. If You have tax issues, legal issues, or need a legal ethics opinion, You should seek appropriate tax or legal expert advice.
Intellectual Property. Any materials solely created by You during the course of the services delivered under this Agreement are owned by You. You are responsible for keeping copies of your own materials. Company owns the copyrights and other intellectual property rights over any instructional materials or examples provided to You under this Agreement (“Company Materials”). You have a license to use such Company Materials only for your own personal, private use during your participation of the Program. You are not allowed to teach these Company Materials to others, share them with others, or display them anywhere, including on the Internet or via social media. If You would like to use these materials beyond the scope of this license, please contact Company for pricing information.
Confidentiality. Company regards any information provided by You to be confidential. Company will only reveal such information a) with your express permission; b) as necessary in the court of legal proceedings; c) to legal counsel as necessary; or d) as required by law. Confidential information does not include information that is publicly available, that has been disclosed to a third party by You, or that was previously or independently derived by Company. Company expects Client to abide by the same policy and keep all Company communications confidential unless required to disclose by law.
Entire Agreement. This Agreement constitutes the entire agreement between You and Company and supersedes all prior or contemporaneous written or oral agreements between us with respect to the subject matter contained in this Agreement.
No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including Your login/password information) to any other person or entity. Sharing Your login information with any other person is a material breach of this Agreement.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
Liquidated Damages. If Company breaches obligation to deliver the Program under this Agreement, Company’s liability shall be limited to be the total fees paid by Client to Company under this Agreement. The parties agree that quantifying the loss of the Program would be inherently difficult, and stipulate that the agreed upon sum is not a penalty, but is a reasonable measure of damages.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
Arbitration and Choice of Law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, in excess of $12,000 shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
For claims of $12,000 or less, either party may file an action in the appropriate Magisterial District Court in Allegheny County, the Commonwealth of Pennsylvania, if the party can meet the court's requirements. The parties agree that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
Reporting Copyright Infringement (DMCA). Company complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at [email protected] containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that You believe was infringed.
- A description of the content on this site that You believe is infringing Your copyright. If possible, please include a web address/link.
- A declaration that: You have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in Your notice is accurate, and that You declare, under penalty of perjury, that You are the owner or the allegedly infringed copyright or You are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Questions. Any questions about these Terms & Conditions can be directed to: [email protected].