TERMS AND PRIVACY

TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY

 

Use of www.brinkleylawllc.com (hereinafter the "Website") is subject to the following terms and conditions. By using the Website you agree to be bound by the terms and conditions presented herein. Should you disagree with any of the terms and conditions presented here, your sole recourse is to discontinue use of the website.

 

The terms “we,” us,” and “our” refer to Brinkley Law. The terms “user,” “you,” and “your” refer to site visitors, customers and other users of the Website. 
 

To access or use the Website or our Products, you must be must be at least eighteen (18) years old and have the power to enter into these Terms and Conditions. 

THE MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED ADVICE, LEGAL OR OTHERWISE. BRINKLEY LAW EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY PERSON WITH RESPECT TO THE CONSEQUENCES OF ANY ACT OR OMISSION COMMITTED BASED UPON RELIANCE, IN WHOLE OR IN PART, ON ANY OF THE CONTENTS OF THE WEBSITE. YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN BRINKLEY LAW AND YOU. PLEASE DO NOT SEND CONFIDENTIAL INFORMATION TO BRINKLEY LAW UNTIL YOU SPEAK WITH THE ATTORNEY AND RECEIVE AUTHORIZATION TO DO SO. ANY UNSOLICITED REQUEST OR INFORMATION RECEIVED BY BRINKLEY LAW WILL NOT BE REGARDED AS CONFIDENTIAL.

Brinkley Law is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the website, and is the copyright owner or licensee of the content and/or information on the website, including but not limited to any screens appearing on the website. By placing them on the website, Brinkley Law does not grant any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the website may carry registered or other trademarked symbols that are the sole property of their respective owners. You may view, print, and download portions of the content and/or information of the website solely in connection with your use of the website, and solely for your personal use or records. Brinkley Law reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of materials on the website for commercial purposes is strictly prohibited without the express written permission of Brinkley Law. In printing or downloading content and/or information from the website, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided or as consented to in writing by Brinkley Law, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the website. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the website source code. If you make use of the website other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to Brinkley Law.

The website may contain information provided by third parties or links to information provided by third parties. In no manner is the provision of such information or such a link to be considered as an endorsement of the information, nor can Brinkley Law be responsible for the contents, safety, privacy, or accessibility of any information provided by third parties.

 

DISCLAIMER OF WARRANTIES

The website, its contents, any links provided in the website, and our products and services are provided on an "as is" basis, and Brinkley Law disclaims all warranties, express or implied, including without limitation the warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Your use of the website and our products is at your own risk, and you assume full responsibility for all costs that arise out of your use. Neither Brinkley Law, nor any of its partners, employees, affiliates, agents, representatives, or licensors shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys' fees, arising out of your use of the website, our products, or inability to gain access to or use the website or our products or out of any breach of any warranty, even if such parties has been advised of the possibility of such damages or such damages were foreseeable. 

 

In no event will our aggregate liability arising out of or in connection with any warranties relating to our products, services, or content, these terms and your use of the website, including, but not limited to, from your purchase of any products via the website, or from the use of or inability to use the site, exceed the amounts you have paid or owe for products purchased via the website in the last twelve (12) month period prior to the event giving rise to your claim of liability. 

 

PURCHASE OF PRODUCTS 

In exchange for the purchase of downloadable contract templates, Brinkley Law grants you a one-time, non-exclusive, non-transferable, and revocable license to use the template you have purchased for personal use. Except as otherwise provided, you acknowledge and agree that you have no right to reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates in any manner, except for modifications in filling out the template the authorized use. YOU MAY NOT SHARE, TRANSFER, OR RESELL ANY OF THE TEMPLATES. YOU MAY ONLY DISTRIBUTE THE TEMPLATES AS FILLED OUT AND CUSTOMIZED BY YOU AND UNDER THE LICENSE DESCRIBED IN THIS SECTION. Brinkley Law reserves the right to suspend indefinitely your ability to purchase Products if you violate the terms of this license. Termination of your ability to purchase does not limit any of Brinkley Law's rights or remedies in law or equity. 

 

The purchase of a contract template or bundle does not constitute legal advice or an offer of legal services, nor does it create an attorney-client relationship or any presumption of attorney-client privilege between you and Brinkley Law. The templates are intended for personal use and are not a substitute for the advice or services of an attorney. If you need legal advice for a specific problem, you should consult with a licensed attorney in your jurisdiction. Attorney Sarah Brinkley is licensed to practice law in the state of Indiana. 

Refunds: Due to the nature of online digital products, no refunds are allowed under any circumstances. All sales are final.

 

TERMINATION 

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Website and to block and prevent future access to and use of the Website. You agree that we will not be liable for any termination of your use of or access to the Site.

 

GOVERNING LAW

These Terms, including the Privacy Policy, are governed by the laws of the State of Indiana. You agree that any proceeding relating to the use of this site must be filed exclusively in the appropriate courts located in Indiana and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or any other reasons. 

 

DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Website (collectively, “disputes”) will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Indiana and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

You acknowledge and agree that both you and Brinkley Law are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

 

SECURITY

The security of your contact information is of the utmost importance to us.  However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising from your use of this website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to the Website or any outbound hyperlinks.

 

UPDATES

To improve our ability to serve you, we may make modifications, improvements, deletions, or amendments to the website at any time we deem appropriate. Any and all relevant portions of these Terms and Conditions will apply automatically to all such modifications, improvements, deletions, and/or amendments as they appear on the website.

PRIVACY POLICY

Brinkley Law (“we,” “us,” “our”) is committed to protecting the privacy of your information. The following privacy policy sets forth our practices regarding the collection, use, and disclosure of the information we receive through your use and navigation of www.brinkleylawllc.com (the “Website”). This privacy policy may change, refer to this page to check for updates. 

 

SCOPE

This privacy policy applies to the Website and any subdomains of our website, unless explicitly stated otherwise, regardless of the medium in which it is accessed (e.g., via a web browser or mobile browser).

 

THE INFORMATION WE COLLECT FROM YOU

We may collect different types of information from you when you use or navigate our website:

 

Personal Information:  When you use and navigate our website, we may collect personally identifiable information, such as your name, mailing address, email address, telephone number, work or educational history, and other information that may be used to identify you or contact you (collectively "personal information").

 

Website Usage Information: When you use and navigate our website, we may collect additional information from you that may not by itself reasonably identify you as the source (collectively, “Usage Information”). Usage Information may include, but is not limited to, information regarding your computer, your IP address, the type of Internet browser you are using, the location from which you are visiting the website, the type of computer operating system you are using to access the website, the domain name of the website from which you linked to the website, or the areas of the website you visited and the actions you performed on the website. 

 

HOW WE COLLECT INFORMATION

Directly From You: We collect personal information from you when you voluntarily provide such information to us by, for example, completing one of our various website forms to contact us, subscribe to receive email news alerts or information regarding Brinkley Law's activities, registering to attend one of Brinkley Law's events, and submitting a job application. 

 

Through Your Use of our Website: Our system may record your usage information as you use and navigate our website. For example, our servers automatically record usage information that your browser transmits when you visit our website. We also may automatically collect usage information about how you access and interact with the website through the use of automated tracking technology. We may use cookies, which are small data files that are transferred to a web browser, which enables our website to remember and customize your subsequent visit. Most internet browsers automatically accept cookies. You can instruct your browser to block the acceptance of cookies or to provide you with a warning prompt before you accept cookies from the website. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the website may be limited, and you may not be able to participate in several of our website’s features. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the website that allow us to gather information about your browsing activities on the website. We may also use certain third-party applications, which may use cookies, to gather and analyze information about your browsing activities on the website. 

 

HOW WE USE INFORMATION

Personal Information: We may use your personal information for a variety of purposes, including to:

  • Directly contact you to respond to messages or inquiries that you submitted using our website form;

  • Send you periodic updates about Brinkley Law's insights and activities via email, in accordance with your subscription preferences and from which you may opt-out of receiving;

  • Process your job applications; and

  • Analyze the effectiveness of our marketing activities.

 

Usage Information: We may also use your usage information for a variety of purposes, including to:

  • Analyze website users’ browsing and usage activities and patterns to better understand users’ interests and preferences with respect to our services; and

  • Research the effectiveness of the website, which will help us to improve the website.

 

HOW WE DISCLOSE INFORMATION

We do not sell your information to third parties. We may, however, disclose your information to third parties in the following ways:

 

Third-Party Service Providers: We may share your personal information with third parties who assist us with our marketing efforts. We may also share your usage information, including cookies, with third-party applications and web analysis providers. For example, we share your usage information with Google Analytics, a web analysis service provided by Google. Google Analytics plants a cookie on your web browser to identify you as a unique user each time you visit the Site, but the cookie cannot be used by anyone but Google. We use Google Analytics to analyze usage information and assist us in researching the effectiveness of our website and understanding website users’ preferences. Google’s ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics Terms of Use and Google’s Privacy Policy. You may prevent Google Analytics from recognizing your future visits to the website by disabling cookies on your browser or installing Google Analytics’ opt-out browser add-on.

 

Law Enforcement, Safety, and Legal Processes: We may share your personal information and/or usage information with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your personal information and/or usage information if required or permitted to do so by law; for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Brinkley Law or the users of the website; and to act under urgent circumstances to protect the safety of Brinkley Law, its employees, or a member of the public. We may also disclose your information to comply with a judicial proceeding, court order, subpoena, or legal process.

 

Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, we may disclose and/or transfer your personal information as part of the transaction. 

 

SECURITY OF PERSONAL INFORMATION

No data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect all personal information, we cannot guarantee that personal information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. We will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. Brinkley Law cannot be responsible for disclosure of your personal information due to errors in transmission or unauthorized acts of third parties, and encourages you to exercise prudence in selecting the information you send via the internet, including via email. Please do not send confidential or sensitive information to us through our website or via email until you speak with one of our attorneys and receive authorization to do so.

 

ACCESSING AND UPDATING PERSONAL INFORMATION AND OPTING-OUT

If you would like to access, update, or modify your personal information or request us to delete your personal information, you may do so by contacting us at info@brinkleylawllc.com. Further, if you would like to opt-out of receiving emails or other communications directly from us, you may do so by contacting us at info@brinkleylawllc.com. Opting-out from our communications or modifying, updating, or deleting your personal information will not result in the modification, updating, or deletion of any personal information that may reside in back-up or disaster-recovery storage.

 

LINKS

Our website may contain links to third-party websites, including links that enable you to share the contents of our website through various social media platforms. If you click on one of those links, you will be taken to websites we do not control and to which this Privacy Policy does not apply. We are not responsible for such third-party websites, and encourage you to carefully read the privacy policies and statements of those websites. 

 

UPDATES TO THIS PRIVACY POLICY 

We may periodically revise the privacy policy in our sole and absolute discretion. If we revise the privacy policy, we will notify you by posting the updated privacy policy on the website. Changes to the privacy policy will become effective and will apply to the information collected starting on the date we post the revised privacy policy on our website. Your continued use of our website after any change to the privacy policy will constitute your acceptance of any change to the privacy policy.