TERMS & CONDITIONS
If you are a person who believes in treating others the way you want to be treated, then you should have no problem with anything on these Terms of use. And though most of us know what common decency, common sense, and morality is, we still must spell it out for those who would hurt others and claim they did not know better.
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BY CONTINUING ANY USE OR VIEWING ON THIS WEBSITE, YOU CONSENT/ASSENT/AGREE/ACCEPT THE FOLLOWING: OUR PRIVACY POLICY, TERMS OF USE AND LEGAL DISCLAIMER THAT YOU WILL FIND ON THIS WEBSITE.
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Unfortunately, companies need to involve all this legal language in their relationships with others.
So, our apologies and regrets that we live in a world that causes us to post these Terms.
DEFINITIONS
When we use certain words which will be bolded (with darkened thicker text) and the first letter will be capitalized in this webpage/document, the meaning of those words in this Terms of Use are as follows.
Singular, plural, or possessive use of the definitions means the same as the definitions—as long as they are bolded, and the first letter is capitalized.
Company refers to our company, organization, or business entity not including our Network.
“We,” “Us,” “Our,” refers to our Company.
Network refers to our company, organization, business entity, and other company, organization, person, or business entity We contract to complete a service you request or to give you a better experience with our Company.
Device refers to any thing you can use to get on/access/view/surf/ the internet, such as cell phones, computers and tablets, and the like.
Terms refers to this entire webpage/document titled Terms of Use.
Website or Websites refers to whatever website these Terms are a part of.
Content refers to anything written, shown, active, or other information on the Website.
Liability refers to being found responsible for harm, Damages, or injury.
Damage/s refer to anything allowed to be gained by winning a legal dispute.
Third Party or Third Parties refers to anyone or anything beyond our Network.
A. Code of conduct: While using our services or website.
You will not use our Website to do any harmful or damaging activity.
You will not use any tracking, robots, spyware, malware, viruses, harmful, or any unauthorized activity on our Network websites.
You will in no way invade the privacy of any individual, organization, or business entity.
You will only use our Website as it was intended.
You can use any third-party app to enhance your experience with our site, if you are a person with a disability.
You will not pretend to be something you are not.
You will not give our Network any misleading information.
You will not use our Website to tell any lies in any way.
You will not advertise on any Company Website unless authorized by the Company’s managing member/s or
someone with equivalent authority in the entity.
You will not mess with or harm our Network’s things, including our websites.
You will in no way mess with or harm our Network’s ability to communicate.
You must supply correct and current contact information if you give contact information.
You will not change the look, display, appearance, or other viewers’ experience with our Website.
You will not put anything on the Website that is improper, illegal, offensive, disrespectful, misleading, or a misrepresentation. Offensive or disrespectful Content will be measured using an objectively reasonable person standard.
IF YOU DO NOT CONSENT/ASSENT/AGREE/ACCEPT ANY OF THE ABOVE STATEMENTS, STOP/CEASE USING OUR WEBSITE NOW. CALL US, AND WE CAN HELP YOU USING TRADITIONAL METHODS IF YOU WOULD LIKE.
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B. Content of Website:
Our sincere apologies if there is any inaccurate or outdated information on our Website.
WE DO NOT GUARANTEE THAT THE INFORMATION ON THIS WEBSITE HAS NOT BEEN MANIPULATED BY OUTSIDE SOURCES, IS CORRECT, UP TO DATE, SECURE, OR OTHERWISE ERROR-FREE.
We have tried to keep all information up to date and supply correct Content. We reserve the right to change any Content whenever We want. To error is human, and forgiveness is divine and necessary for a civilized society.
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C. What are Content can be used for:
The Content provided on this Website is only for informational purposes as a public service offering. We put added Content with hopes of educating our viewers.
However, any other use of our Content to include:
• copying Content,
• printing Content,
• taking pictures of Content,
• republishing Content,
• repurposing Content,
• selling Content,
• renting or licensing Content,
or any other unintended use of this Content, is not allowed unless authorized by the Company’s managing member/s is or someone else with equal authority.
• This Content should not be taken as legal advice. It should be taken as an opportunity to learn and inform yourself of our services and reasons for providing this Website, and nothing more.
PLEASE SEE OUR LEGAL DISCLAIMER LINK ON THE WEBSITE.
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D. Third Party Content Liability limitation:
We cannot be held responsible for the actions of others who are beyond our control.
THE NETWORK WILL NOT BE RESPONSIBLE FOR ANY CONTENT PUT ON OUR WEBSITE BY THIRD PARTIES. THE NETWORK DOES NOT ENDORSE, AGREE, OR SHARE THE OPINIONS OR VIEWS OF THIRD PARTIES, UNLESS WE SAY OTHERWISE.
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The Network will try to take down improper, illegal, offensive, disrespectful, misleading, or misrepresentations put on Our Website by Third Parties as soon as We can.
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Please report any improper, illegal, offensive, disrespectful, misleading, or misrepresentations involving Content to our Company via email, or a phone number found on the Website.
If you post on Our Website or any, your identity may be found even if it is anonymous.
Please review 47 U.S. Code § 230(C) Protection for private blocking and screening of offensive material
provides that:
(c) Protection for “Good Samaritan” blocking and screening of offensive material
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil Liability: No provider or user of an interactive computer service shall be held liable on account of—
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) “any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).” (“[USC02] 47 USC 230: Protection for private blocking and …”)
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E. License to use anything put on Our Website by any party:
We want to show others your feedback and such, so We have the right to, as outlined below.
No matter who or what puts anything on our Network’s websites or sends anything not confidential to our Network, We reserve the right to do whatever We please with the data mentioned above. You give this license for free. You waive any right to pursue any payment or legal action for such data forever. That includes giving such information to proper authorities by a subpoena or to prevent harm.
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F. Hyperlinking
We have the right to remove or block any hyperlink as allowed by law.
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If you are a part of an internet website, search engine, or any other type of internet user involved in hosting, posting, endorsing, or encouraging any of the following: improper, illegal, offensive, disrespectful, misleading, or misrepresenting activities, do not hyperlink to our Website. Offensive or disrespectful Content will be measured using an objectively reasonable person standard.
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G. Removal of Content:
Like rights you have to things that belong to you. The Website is Ours, and We can do whatever We want with Our things. We have the right to remove anything at any time, for any reason, from Our Website.
H. Links to other Websites:
If We do not control it, We are not responsible for it or anything that comes because of it.
WE MAKE NO GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED THAT ANY CONTENT ON THE INTERNET IS SAFE. OUR CONTENT MAY HAVE LINKS TO OTHER SITES OWNED OR RUN BY THIRD PARTIES.
THEREFORE, WE TAKE NO RESPONSIBILITY FOR ANYTHING THAT HAPPENS ON THE INTERNET, INCLUDING ANY HARM, DAMAGE, OR INJURY FROM USING THEIR SITES.
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I. We own and have the exclusive right to all Content on our Website:
Everything on our Company Website is Ours and cannot be used without permission from the managing member/s or someone else with equal authority. All Content is copyrighted. All Content is trademarked. Our Company Website is accessible World-Wide, where the internet is not restricted, so Our use also protects Our Website’s Content.
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J. Communication policy:
We may choose others to contact you on Our behalf. We will use any method of communication We can to ensure you get the message. You can stop any unnecessary communications by sending Us an email, giving Us a call, or via the email sent to you.
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K. User Memberships:
We may offer memberships.
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If you create a membership, please supply correct and up-to-date contact information if you want the membership to be acceptable. Please use an original and proper username and password.
If you mislead or lie about your membership information, our Company may cancel your membership. If the membership is canceled due to you not following these Terms, We will give no refund to you. If a reasonable person could conclude that it was an accident on your part, you will have time to correct your mistake.
We reserve the right to pursue legal action if any promises are owed to Us. We have the right to end your membership for any reason at any time. Suppose We decide to end your membership for any reason besides you not following these Terms. In that case, We shall refund any money owed to you.
L. Membership fee policy:
We reserve the right to raise or lower the membership price anytime. However, you will be given at least one pay cycle advanced notice, and it is ok if you want to cancel due to the price change, and you will be charged no processing fee.
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There may be charges placed upon entering or exiting the membership for processing. If you are offered a free trial, your fees will be due after the free trial. Payments will be charged automatically if you do not cancel the membership before the free trial ends.
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M. Limitation of Liability if We owe you:
If We intentionally harmed you, We would financially reimburse you if We were liable.
YOU AGREE TO WAIVE ALL LEGAL ACTION AGAINST OUR NETWORK FOR UNINTENTIONAL HARM. YOUR ONLY CHOICE AFTER A WAIVER IS TO STOP USING OUR SERVICE AND WEBSITE.
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ALL LEGAL CLAIMS INCLUDE TORT, CONTRACT, NEGLIGENCE OF ANY KIND, CONSUMER, SALES LAW, AND ANY OTHER TYPE OF CLAIM. SUPPOSE THE LAW DOES NOT ALLOW A COMPLETE WAIVER OF YOUR RIGHT TO BRING A LEGAL CLAIM AGAINST AN UNINTENTIONAL ACT.
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IN THAT CASE, YOU AGREE TO LIMIT YOUR DAMAGES TO THE AMOUNT OF MONEY YOU PAID FOR THE SERVICE IN QUESTION OR $150.00, WHICHEVER IS GREATER IF WE ARE FOUND LIABLE.
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IF WE ARE FOUND LIABLE AND WAIVER FAILS, YOUR ONLY RECOURSE FOR RECOVERY IS THE ECONOMIC LOSSES STATED HEREIN. HOWEVER, SUPPOSE YOUR ONLY COMPLAINT IS THAT YOU WERE NOT SATISFIED WITH THE SERVICE GIVEN.
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IN THAT CASE, YOU CAN GET YOUR MONEY BACK IF YOU HAVE A GOOD-FAITH GRIEVANCE—A GOOD FAITH GRIEVANCE AS MEASURED BY AN OBJECTIVE REASONABLE PERSON STANDARD.
N. The Liability you owe if We owe another because of you:
In short, if you caused the harm, you will be responsible for paying all costs involving the damage you caused that We are being held liable for.
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You are paying for a wrong you did, that is just the right/decent/humane/moral thing to do and should be obvious.
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SUPPOSE YOU HARMED SOMEONE, AND SOMEHOW, WE ARE FOUND LIABLE FOR IT. IN THAT CASE, YOU AGREE TO INDEMNIFY THIS NETWORK TO THE FULLEST EXTENT ALLOWED BY LAW FOR ALL COSTS WE SUFFER RELATED TO THE INJURY.
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ALL COSTS INCLUDE DAMAGE AWARDS, COURT COSTS, AND ATTORNEY FEES. WE WILL DO THE SAME FOR YOU; IF WE CAUSE HARM, AND YOU ARE BEING SUED FOR IT.
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O. The Liability you owe another because of harm We caused:
If we intentionally hurt someone and you are being sued for it, We will pay all costs regarding the harm.
WE WILL PAY YOUR LEGAL EXPENSES IF YOU NOTIFY OUR ATTORNEYS WHOSE WEBSITE IS JWZLAWFIRM.COM WITHIN 30 DAYS OF THE ACTION BROUGHT AGAINST YOU.
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IN OTHER WORDS, WE WILL HANDLE ALL YOUR COURT COSTS, PROVIDE YOU WITH AN ATTORNEY, AND WE WILL PAY ALL DAMAGES IF YOU ARE HELD LIABLE. WE WILL NOT PAY FOR AN ATTORNEY OF YOUR CHOOSING.
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P. Waiver involving Our legal rights:
No matter how much time passes, We never waive the right to pursue legal action unless We expressly waive.
No matter how much time passes, We have the right to demand performance for any responsibility or obligation owed our Network.
Waiver of Our rights and privileges can only be done in writing signed by the managing member/s or by someone with equal authority in our Company. If We waive Our right or privilege by writing, that waiver is exclusive to the specific occurrence mentioned in writing. Future waivers of similar or different circumstances are not guaranteed.
Our waiver is not valid until the Waiver Notice We send is signed and returned to our Company. The Waiver Notice must be signed by a person with authority to legally bind the party Our Waiver Notice was sent to.
Q. Severability:
Suppose any provision in these Terms is unenforceable or invalid. The trier of fact will enforce such provision to the greatest extent allowed by law to try and keep the Company’s intent. The trier may amend or sever the provision. However, such severance will not affect the provisions that are left unsevered in the Terms.
R. Translations of these Terms:
If any translation of Our Content is supplied for you, you consent/assent/agree/accept that the Terms in there Authentic American English version govern this agreement.
S. Warranty Disclaimer:
Like any other reputable business, We only honor warranties We give.
WE CANNOT CONTROL THE LEVEL OF SECURITY YOU HAVE ON YOUR DEVICES. SO, WE ARE NOT RESPONSIBLE FOR HARM THAT MAY HAPPEN TO YOU OR YOUR DEVICES WHILE YOU ARE ON THE INTERNET. WE TAKE YOUR SECURITY AND OURS SERIOUSLY. HOWEVER, EVEN GOVERNMENTS ARE HACKED. HENCE, NOBODY NOR IS ANY DEVICES TRULY SAFE IN THE DIGITAL WORLD.
YOU CONSENT TO USE OUR SERVICES AND WEBSITE AT YOUR OWN RISK. YOU ASSUME THE RISK FOR USING THE INTERNET AND WHATEVER CONSEQUENCES MAY FOLLOW DUE TO YOU ACCESSING THE NETWORK’S WEBSITES. YOU CONSENT/ASSENT/AGREE/ACCEPT THIS WEBSITE, GOODS, AND SERVICES PROVIDED “AS IS” AND “AS AVAILABLE.”
YOU CONSENT/ASSENT/AGREE/ACCEPT THAT YOU USE/VIEW/ACCESS THIS WEBSITE ALONG WITH ALL ITS CONTENT AND RECEIVE COMMUNICATIONS FROM OUR NETWORK AT YOUR OWN RISK.
WE DO NOT GUARANTEE THAT THE WEBSITE OR COMMUNICATIONS SENT BY OUR NETWORK WILL BE UNINTERRUPTED, SAFE TO YOU OR YOUR DEVICES, OR ERROR-FREE.
WE CANNOT ENSURE THAT THE WEBSITE OR COMMUNICATIONS FROM OUR NETWORK ARE FREE OF ANY SECURITY CONCERNS THAT MAY AFFECT YOUR DEVICES OR YOURSELF. BECAUSE WEBSITES, GOODS, AND SERVICES OFFERED BY OUR NETWORK ARE PROVIDED “AS IS,” “AS AVAILABLE,” THERE ARE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
THERE ARE NO WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS/DATA OR THE USE OR INABILITY TO USE THE WEBSITE, GOODS, OR SERVICES. UNLESS PROVISION (C.) OF THESE TERMS APPLIES.
T. Dispute Resolution:
If a dispute arises between Us, let Us work it out ourselves like mature, civilized adults.
If any dispute arises between you and the Network, you consent/assent/accept that all disputes shall be given a reasonable effort to be settled between us.
U. Arbitration Agreement:
However, Suppose The Parties Cannot Reach A Reasonable Resolution That Satisfies All The Decision-Makers. In That Case, The Only Other Dispute Resolution Available To The Parties Is Third-Party Arbitration.
The cost of arbitration shall be the responsibility of the party bringing the dispute. However, if that party is victorious than the loser shall pay the cost of the arbitration. The arbitration will be done by a non-bias company or attorney who has practiced arbitration for more than ten years.
The arbitration shall occur in Bexar County, Texas, if remote arbitration is not available, and the parties shall agree upon the arbitration rules. Suppose the parties cannot agree on the rules within 30 days. The American Arbitration Association rules shall govern the arbitration. YOU ASSENT, CONSENT, AGREE, ACCEPT THAT ALL ARBITRATION DECISIONS WILL BE FINAL AND BINDING ON ALL PARTIES.
V. Forum selection:
IF LEGAL CLAIMS END UP IN COURT FOR ANY REASON, THE VENUE SHALL BE BEXAR COUNTY COURTS OR SAN ANTONIO DISTRICT COURTS. IF AN APPEAL IS TO BE BROUGHT, IT MUST BE BROUGHT WITHIN THE FIFTH CIRCUIT.
W. Governing Law of these Terms:
THE GOVERNING LAW OF ANY LEGAL CLAIM SHALL BE THE STATE OF TEXAS, WITHOUT REGARD TO ANY CONFLICT OF LAWS RULES FROM ANY JURISDICTION.
X. Assignment:
You consent/assent/agree/accept that your obligations and promises due our Network can be assigned to any party We want. As long the assignment is for a practical purpose. However, you cannot assign any obligations or rights to you unless the managing member/s of this Company, with writing and signature, allows such an assignment.
Y. Returned Checks:
Please do not use checks unless you must. If We send you a check and it gets returned, We will gladly pay the same fee We impose on you.
Z. We hope not to receive checks unless the absolute need arises.
However, if you send a check and it gets returned, a $250.00 fee will be added to whatever amount the check was for, and that will be your new balance owed our Network. This fee is aside from whatever fees your bank may charge you.
AA. Your duty to supplement:
You must let Us know and update any changes that may affect Our ability to serve you, your membership, or Our ability to contact you. If you do not do so, you breach these Terms.
BB. Open lines of communication:
Suppose We are providing you a service or a membership. In that case, you must accept any communication from Us necessary to fulfill Our commitments to you.
CC. International use policy:
It is your responsibility to ensure your use of our Network services or Website is allowed by the law of the land you are from.
DD. Agents:
If you are an agent, a representative of any kind acting on behalf of another, you consent/assent/accept/agree to be bound by these Terms, and your principle will be bound as well by the implied agency.
EE. Changes of any kind:
WE WILL ALWAYS HAVE THE RIGHT TO CHANGE THESE TERMS, PRIVACY POLICY, OR LEGAL DISCLAIMER FOR ANY REASON. WE WILL POST SUCH CHANGES ON THE WEBSITE, AND THE TIME STAMP AT THE TOP OF THESE PAGES WILL REFLECT SUCH CHANGES.
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SUPPOSE YOU ACCESS THE NETWORK WEBSITES AFTER CHANGES TO THE TERMS, PRIVACY POLICY, OR LEGAL DISCLAIMER. YOU WILL BE HELD TO THE NEW TERMS, PRIVACY POLICY, OR LEGAL DISCLAIMER UPON YOUR ACCESS TO THE WEBSITES.
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YOUR CONTINUED USE WILL BE TAKEN AS YOUR CONSENT/ASSENT/AGREEMENT/ACCEPTANCE OF THE CHANGES. SUPPOSE WE IN ANY WAY INFORM YOU OF CHANGES AND YOU CONTINUE IN A RELATIONSHIP WITH OUR COMPANY.
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IN THAT CASE, YOUR CONTINUED RELATIONSHIP WILL BE YOUR CONSENT/ASSENT/AGREEMENT/ACCEPTANCE OF THE NEW TERMS, PRIVACY POLICY, OR LEGAL DISCLAIMER THAT DEFINE OUR RELATIONSHIP.
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FF. Reach out to Us:
We are here to serve you.
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We are here to answer any questions or concerns you may have about any aspect of our Network, including the Terms, Privacy Policy, or Legal Disclaimer. Do not hesitate to contact Us by email or phone found on the Website, preferably both.
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GG. Miscellaneous:
Unfortunately, the world today makes such Terms necessary.
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However, a few people have no respect for others or their things. Rather than raise themselves up, these people will try to do anything to bring others down because of their insecurity and feelings of inadequacy.
Do unto others as you would have done upon yourself, and the world will be a better place for us and our kids.
Terms and Conditions that are fair and balanced.