PRACTICALLY LEGAL LIFESTYLE™
TERMS AND CONDITIONS
Version 1.1.2022: As of November 30, 2022
By enrolling in the Practically Legal Lifestyle™ membership and/or coaching services programs, and/or purchasing or utilizing products or services offered by Practically Legal Lifestyle™ or GIMOS, LLC (collectively, referred to herein as “PLL”) or any of their respective partners, and/or any other program, community, or any other product offered, you agree to comply with and be bound by the following terms and conditions of use (“Terms and Conditions”).
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT CONTINUE WITH YOUR PURCHASE.
1. Agreement.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of PLL’s membership, courses, coaching programs, services, and/or all other products and services and describes the terms and conditions applicable to your access of and use of those products and services. This Agreement may be modified at any time by PLL or its members, managers or authorized representatives. Any such modifications shall be effective immediately and retroactively. You can view the most recent version of these terms at any time at practicallyll.com/terms. Each use of PLL’s site, email opt-in and/or purchase by you, the customer, shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
a. Our Content. All content included on this website (“Site”) is and shall continue to be the property of PLL or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by PLL. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. Practically Legal Lifestyle™ is the trademark or registered trademark of GIMOS, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
b. User-Supplied Content. By accessing PLL’s forum, bulletin board, chat room, or any other user interactive area of its Site, and placing any information in any of those areas, you hereby grant PLL a perpetual, irrevocable, royalty free license in and to such materials, including, but not limited to, the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of the Site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
c. Personal Use. PLL grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at the discretion of PLL. PLL may terminate your use of this Site, and all paid products and services at any time, for any reason, without refund.
d. Other Uses; Noncompetition. All other use of content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the content, in whole or in part, is strictly prohibited without PLL’s prior express written consent. Further, you will not on your own behalf or on behalf of any person, firm, partnership, association, corporation, business organization, entity or enterprise, use any content from the Site or use any materials, products or services of PLL with a view to sell or provide goods or services competitive or potentially competitive with any services or product sold or provided by PLL.
3. No Legal Services Provided; No Attorney-Client Relationship.
PLL is not a law firm. PLL does not provide legal representation to clients. By using the Site and/or enrolling in and/or participating in PLL’s membership and/or coaching services programs, and/or services offered by PLL or any of their respective partners, and/or any other program, community, or any other product offered, you hereby represent and warrant that you understand that there is no attorney-client relationship between you, PLL or any of their respective managers, members or partners whatsoever. PLL should not be used as a substitute for legal counsel. Information obtained through PLL is not to be construed or interpreted as legal advice. Any information you submit to or through this Site will not be protected by attorney-client privilege, because neither PLL nor any of their respective managers, members or partners is your attorney, nor is PLL nor any of their respective managers, members or partners holding itself out as your attorney. Neither PLL nor any of their respective managers, members or partners offers legal advice, recommendations or counseling under any circumstance. Neither PLL nor the Site is an attorney referral service or prepaid legal services plan. The determination of whether a user needs legal services and a user's choice of a lawyer should not be based on the Site, websites or advertisements. The engagement of an attorney is an important decision that should not be based solely upon advertisements but be based on the due diligence and research conducted by you (e.g., requesting information about a firm’s qualifications and experience, etc.).
4. Disclaimers.
a. DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PLL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, PLL DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLL AND ANY OF THEIR SUPPLIERS, VENDORS, PARTNERS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
b. LIMITATION OF LIABILITY. PLL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, ANY CUSTOMERS, ANY PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH PLL OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
c. SUCCESS AND EARNINGS DISCLAIMERS. THE INFORMATION PRESENTED IN THIS SITE IS INTENDED TO BE FOR YOUR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.
• PLL is not guaranteeing you success on any given matter nor that any particular result will be attained.
• No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.
• Success in any endeavor is based on many factors individual to you. PLL does not know your educational background, your business background, your skills, your prior experience, or the time you can and will devote to the endeavor.
• Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.
• There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used. There is no guarantee that you will earn any money using any of the ideas presented in our in materials.
• PLL is not presenting you with a business opportunity.
• PLL is not presenting you with a distributorship.
• PLL is not making any claims as to income or revenue you or your business may earn.
• PLL is not presenting you with an opportunity to get rich.
• Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
• Where income figures are mentioned (if any), those income figures are anecdotal information passed on to PLL concerning the results achieved by the individual sharing the information. PLL has not performed independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
• Please do not construe any statement on this Site as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. PLL cannot, do not nor will make any claims as to earnings, average, or otherwise.
• Examples in PLL’s materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to PLL or anybody else’s.
• Please understand that past performance cannot be an indication of possible future results.
5. Terms Relating to User Supplied Site Content.
a. Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our Site, and gain access to the materials contained thereon at your own risk.
b. No Monitoring. PLL will not guarantee to monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of the Site and is not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts nor do we assume the responsibility to do so. In the event that PLL is notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of the Site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of the Site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of the Site based upon a complaint or otherwise.
It is your responsibility to unsubscribe from our text, communication, and/or email list if you no longer want to receive communication from us. If you want to unsubscribe from our email list you may do so at any time. Each email from PLL, includes a link to unsubscribe from these email communications. We are not responsible if you have signed up for our list with multiple emails. It is your responsibility to unsubscribe from our email list using the provided links. Please follow all directions to unsubscribe from our text, communication, and/or email list.
c. Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our Site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
d. No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our Site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our Site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
e. You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our Site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
f. Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our Site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You agree to hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our Site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
g. Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our Site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to, any violation of this Agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
h. Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our Site at any time and all users agree to hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
i. Prohibitions. You agree that you will not:
1. Use our forum, bulletin board, chat room, or any other user interactive area of our Site for any illegal purpose.
2. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our Site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
3. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our Site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
4. Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
5. Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
6. Pretend to be another person or entity that you are not.
7. Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
j. Hold Harmless and Indemnify. You agree to hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our Site.
6. Payment and Refund.
In order to utilize certain services or product offerings of PLL, the user of such services or product offerings must pay PLL either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the services or product offerings purchased.
a. Billing and Payment. If you sign up for a PLL paid membership subscription, or for a service or product that includes a recurring fee, you agree to pay PLL all charges associated with the subscription, service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize PLL, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, service, or product. PLL reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other services or product offerings we may offer for a non-recurring fee, you authorize PLL to charge your chosen payment provider for the services and/or products you purchase. You agree that if PLL, or a third-party payment processor that works on our behalf, already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services or products you purchase.
b. Automatic Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel your paid membership subscription at any time upon 30 days’ notice. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term.
If you cancel and then decide to join the PLL community again at a later time, you will be reinstated at the current membership rate, NOT your original rate, regardless of any special offers or discounts you received in the past.
c. Refund.
EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS OR AS DESCRIBED ON THE SITE AT THE TIME YOU MAKE A PURCHASE, ALL PAYMENTS FOR SUBSCRIPTIONS, SERVICES OR PRODUCTS MADE ON OR THROUGH THE SITE OR SERVICES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED SUBSCRIPTIONS, SERVICES OR PRODUCTS, EVEN IF YOU CANCEL YOUR MEMBERSHIP OR A SUBSCRIPTION, SERVICE, OR PRODUCT IN THE MIDDLE OF A TERM.
7. Miscellaneous.
a. Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the PLL programs. You may not use the PLL programs to compile a collection of listings, including a competing listing product or service. You may not use the Site or any materials for any unsolicited commercial e-mail.
b. Intended Audience. This Site is intended for adults only. This website is not intended for any children under the age of 18.
c. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
d. Indemnification. You agree to indemnify, defend and hold PLL and its respective members, managers, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
e. Copyright Notices/Complaints. It is PLL’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting PLL’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
PLL’s agent for copyright issues relating to this Site is as follows:
Copyright Agent for Practically Legal Lifestyle/GIMOS, LLC
Attn: Mills Law, LLC
3330 Cumberland Blvd.
Suite 500
Atlanta, GA 30339
[email protected]
f. Uploaded Content. All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by PLL. This includes but is not limited to promotional activities, advertisements, testimonials, etc.
g. Video and Audio Content. Our Site may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities regarding the Recordings.
1. Recordings Are For Entertainment And Informational Purposes Only. All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
2. Embedded Recordings From External Social Media Sites Not Owned By Us. Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the “Third Party Social Media Sites”). We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites. Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party. Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits. If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
3. Embedded Recordings Owned By Us And Hosted On Our Servers Or Third Party Servers Excluding Third Party Social Media Sites. Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third party servers. This may include, but is not limited to, cloud hosting services from Google.com or others but excludes the Third Party Social Media Sites described above. We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us. Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party. Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of third party servers hosting the Recordings may track your viewing and/or listening habits.
4. Personal Non-Exclusive Revocable Nontransferable License. When you watch or listen to the Recordings on this Site, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so. The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner. You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
5. Broken Or Obsolete Recordings. We review our Site periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our website, or for more information, please send an email to [email protected].
6. “Shelf Life” of Digital Products. PLL digital training, educational, and entertainment products have a shelf-life of no more than 12 months. Meaning that if you purchase a digital information product from us, you should expect these links, documents, manuals, eBooks, articles, videos, software and other digital information or productivity items to be live, accessible and usable for a period of no more than 12 months following your purchase. This “Shelf Life” does not apply to recurring memberships. Recurring memberships will remain active, accessible, and usable for an ongoing basis as you remain current with your membership dues. Failure to pay your membership dues may result in termination of your account and a loss of any/all data stored or entered therein. You may be required to rejoin at higher rates. Old content will be removed from time to time from membership areas and discontinued. This information will be inaccessible even to lifetime members.
7. Licensee Status. You understand and agree that your use of our Site is limited and non-exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice. This includes lifetime member access.
8. Content Ownership. All content on our website is owned by us or our content suppliers. This includes all forum posts, topics, replies, posts, etc. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by email to [email protected]. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to [email protected], or by sending postal mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership. The address for such notice is:
Copyright Agent for Practically Legal Lifestyle/GIMOS, LLC
Attn: Mills Law, LLC
3330 Cumberland Blvd.
Suite 500
Atlanta, GA 30339
h. Agreement to Arbitrate.
1. Agreement to Arbitrate. This Section 7.h is referred to in these Terms and Conditions as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 7.h.8 below, you agree that all claims relating to or arising out of these Terms and Conditions or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and PLL, whether relating to these Terms and Conditions (including any alleged breach thereof), the services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND PLL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND PLL EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST PLL AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PLL USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
3. Pre-Arbitration Dispute Resolution. PLL is always interested in resolving disputes amicably and efficiently; therefore, before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at Practically Legal Lifestyle/GIMOS, LLC, c/o Mills Law, LLC, 3330 Cumberland Blvd., Suite 500, Atlanta, GA 30339.
4. Arbitration Procedures. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would, including without limitation, the limitation of liability provisions in Section 4. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against PLL, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send the required number of copies of the Demand, plus the appropriate filing fee, to JAMS at the required address listed in the JAMS rules, and send one copy to Practically Legal Lifestyle/GIMOS, LLC, c/o Mills Law, LLC, 3330 Cumberland Blvd., Suite 500, Atlanta, GA 30339. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in Cobb County, GA. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to any claim that all or any part of these Terms and Conditions are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different PLL users, but is bound by rulings in prior arbitrations involving the same PLL user to the extent required by applicable law.
5. Costs of Arbitration. Each party will be responsible for the payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”), unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PLL for all fees associated with the arbitration paid by PLL.
6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
7. Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or services for the first time. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the PLL account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, PLL will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply.
8. Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms and Conditions to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against PLL prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms and Conditions, such termination shall not be effective until 30 days after the version of these Terms and Conditions not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against PLL prior to the effective date of removal.
i. Governing Law. These Terms and Conditions, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Georgia, including Georgia’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 7.h, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and PLL must be resolved exclusively by a state or federal court located in the State of Georgia.
You and PLL agree to submit to the personal jurisdiction of the courts located within the State of Georgia for the purpose of litigating all such claims or disputes.
j. Consent to Electronic Communication. By using the Site or products or services of PLL, you agree to allow PLL to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from PLL via the Site, mobile application, online messaging platform, or e-mail. You also agree to check your PLL account, alerts, and messages, and the e-mail account reflected on PLL account on a reasonably regular basis to stay apprised of important notices and information about your account.
k. Independent Relationship. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
l. Severability. Except as noted herein, should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be unenforceable or invalid for any reason, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby and the invalid or unenforceable part, term or provision shall be deemed not to be a part of this Agreement.
m. Assigns. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
