Thank you for using the Westlord & Associates Legal website and associated content (“Website”). The Website is owned and operated by Westlord & Associates Legal, Inc.(“Westlord Legal”). Westlord & Associates Legal provides you with a limited license to use the Website subject to the terms contained within this Terms of Use Agreement (“Agreement”).
Effective Date: January 1, 2015
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT.
By using the Website or clicking the “I agree” button associated with this Agreement, you express your assent and consent to be bound by this Agreement. If you do not agree to the terms and conditions outlined in this Agreement, you must cease your use of the Website immediately.
Westlord Legal retains the right to suspend, replace, modify, amend, or terminate this Agreement at any time at its sole discretion. If Westlord Legal replaces, modifies, or amends this Agreement, the “Last Updated” date, located above, will be updated accordingly. Your continued use of the Website after a change in the “Last Updated” date signifies your assent and agreement to any replacement, modification, or amendment included in this Agreement.
1. User Representations
When using the Website, you confirm that you are at least eighteen (18) years old, mentally competent, and capable of accepting and adhering to the terms specified in this Agreement. If you are using the Website on behalf of a business entity or another party, you affirm that you possess the authority to act as their agent and that you have the right to agree to these terms on their behalf, thereby binding them to this Agreement.
2. Limited License for Website Use
You acknowledge that the Website is the property of Westlord Legal and is protected by United States and international laws, including intellectual property and proprietary rights. Your use of the Website is governed by the license granted within this Agreement, and you agree not to use the Website in any way that contradicts these terms.
Westlord Legal grants you a limited, non-exclusive, non-transferable, and revocable license to to use the Website for its intended purposes. You are explicitly prohibited from reproducing, creating derivative works from, distributing, publicly performing, or publicly displaying the Website.
3. Acceptable Usage of the Website
You are expressly forbidden from using the Website to violate any local, state, provincial, national, or international laws, statutes, ordinances, regulations, or treaties. Additionally, you may not infringe upon the rights of any third party, including but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Activities such as scraping, crawling, framing, unauthorized linking, aggregating, hacking, denial of service attacks, reverse engineering, or circumventing technological protections of the Website are also strictly prohibited.
4. Trademarks
You acknowledge and agree that all trademarks, trade names, design marks, or logos displayed on the Website by Westlord Legal, including “Westlord LEGAL,” are either common law or registered trademarks owned or licensed by Westlord Legal. It is prohibited to use Westlord Legal’s trademarks in any manner that may cause confusion, misrepresentation, or deception regarding your goods or services or falsely attribute their origin. You must not use these trademarks in domain names, keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos remain the property of their respective owners.
5. Links to Third-Party Content
The Website may contain links to third-party websites or content not controlled by Westlord Legal. It is advisable to review the terms and conditions of any third-party websites or content linked through the Website. Westlord Legal is not responsible for websites outside of its ownership or control. Westlord Legal explicitly disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to such linked websites is at your own risk.
6. Duration and Termination
This Agreement becomes effective upon your first use of the Website and remains in force until either (i) Westlord Legal terminates your access to the Website, or (ii) you cease using the Website. Westlord Legal reserves the right to terminate the Website or your access to it at its sole discretion, without prior notice.
7. Payment
All payments for services offered through the Website are considered earned upon receipt and are non-refundable, unless expressly provided otherwise in this Agreement. You are responsible for paying all fees and charges promptly. Westlord Legal reserves the right to terminate services if you fail to make timely payments. All fees and charges will be quoted and payable in United States Dollars.
You agree to pay all applicable taxes assessed by governmental bodies, whether local, state, provincial, national, or international, related to your use of the Website, including, but not limited to, sales tax, use tax, value-added tax, and income tax. Chargebacks against Westlord Legal are not allowed unless approved in writing. Any costs or fees associated with unauthorized chargebacks are your responsibility. Disputes regarding payments must be submitted in writing to Westlord Legal within thirty (20) days or will be considered waived.
8. Disclaimer of Warranties and Limitation of Liability
You understand and accept that the Website is provided on an “as-is” basis and without any warranties, including but not limited to warranties of title, merchantability, accuracy, fitness for a particular purpose, security, and non-infringement. To the extent permitted by law, Westlord LEGAL disclaims responsibility or liability for any claims, damages, judgments, charges, or fees arising from your use of the Website. This includes compensatory damages, consequential damages, special damages, incidental damages, punitive damages, exemplary damages, costs, and attorneys’ fees, as well as damages resulting from errors or omissions and Website unavailability or downtime. Your use of the Website is entirely at your own risk, and Westlord LEGAL’s liability is limited to the amount you paid for Website use or $[insert amount], whichever is less.
9. Indemnification
You agree to indemnify, defend, and hold harmless Westlord Legal, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including but not limited to costs and attorneys’ fees, arising from:
- Your use of the Website.
- Your violation of any term or condition of this Agreement.
- Your violation of the rights of third parties, including intellectual property rights or other personal or proprietary rights.
- Violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international.
Your obligation to defend Westlord Legal will not grant you control over Westlord Legal’s defense, and Westlord Legal reserves the right to manage its defense, including the choice of legal representation and whether to litigate or settle a claim subject to indemnification.
10. Force Majeure
Westlord Legal will not be liable for any delays or failures in Website performance due to circumstances beyond its control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
11. Survivability
Your representations, warranties, duties, and covenants under this Agreement will continue to be effective after this Agreement or the Website is terminated, including your obligation to indemnify and defend Westlord Legal.
12. Severability
If any term or condition of this Agreement is determined to be invalid or unenforceable, the remaining terms and conditions will remain in full force and effect.
13. Interpretation
Both parties acknowledge that this Agreement was jointly drafted, and neither party will interpret any term or condition of this Agreement against the other party.
14. Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. Westlord Legal reserves the right to assign its rights and duties under this Agreement, including in a sale of Westlord Legal or its Website.
15. Privacy Policy, Waiver and Integration
No term or condition of this Agreement or breach of this Agreement will be considered waived unless it is in writing and signed by the party to be charged. This Agreement constitutes the entire agreement between the parties, supersedes all prior agreements or representations, and incorporates Westlord Legal’s Privacy Policy by reference.
