Dolphinitely Business Protection Plan Legal Terms and Conditions

DOLPHINITELY ™ BUSINESS PROTECTION PLAN

LEGAL TERMS AND CONDITIONS

Welcome to the Dolphinitely ™ Business Protection Plan (“Dolphinitely Plan”) offered by LOVE LAW FIRM, PLLC (the “Firm”). By paying the Membership Fee and abiding by the terms of the Agreement, the materials, information, forms and content (the “Services”) are available to the Member (which is the business entity). 

All Services provided under the Dolphinitely Plan are provided under these Legal Terms and Conditions (the “Terms”). There are no other terms and conditions that govern the Member’s membership and the Firm’s Services. These Terms may be updated from time to time on the Firm’s website (www.lovelawfirmpllc.com/dolphinitelyterms). The Member is able to determine the latest version of the Terms by checking the Last Revised legend at the bottom of these Terms.

Membership is for one year from the date of receipt of Member’s Membership Fee. Membership shall automatically renew for successive one-year periods unless terminated in writing at least 90 days prior to the anniversary of payment. The Firm reserves the right to change the established Membership Fee for Services. Changes in Membership Fee will only occur upon the inception of a new or renewal term. Should the Membership Fee be changed for an upcoming renewal period, Member will be given a 30-day written notice and opportunity to non-renew. Member agrees that the Membership Fee is non-refundable in its entirety 72 hours after receipt of the Membership Fee. 

The Member acknowledges that the Dolphinitely Plan is an education offering and does not and shall not constitute legal representation by the Firm. NO ATTORNEY-CLIENT RELATIONSHIP WITH THE FIRM IS CREATED BY THE MEMBER PARTICIPATING IN THE DOLPHINITELY PLAN. IF THE MEMBER REQUIRES LEGAL ADVICE WITH RESPECT TO ANY PARTICULAR MATTER, A SEPARATE ENGAGEMENT LETTER WILL BE REQUIRED IN ORDER TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP WITH THE FIRM.

Member is granted a limited, non-transferrable license to the Services provided under the Dolphinitely Plan for Member’s own personal use. Member may not copy, reproduce, republish, upload, post, transmit or distribute the Services in any way except as intended by the nature of the membership. Member agrees that all intellectual property rights in the Services remains at all times the sole and exclusive property of the Firm; Member does not acquire any right of ownership in the Services. In addition to any other rights it may have, the Firm may immediately terminate a Member’s membership if Member violates these Terms.

THE INFORMATION PROVIDED IN THE DOLPHINITELY PLAN, ON ITS WEBSITE, IN THE SOCIAL MEDIA GROUP, AND ELSEWHERE DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE. INSTEAD, ALL INFORMATION, CONTENT AND MATERIALS AVAILABLE THROUGH THE DOLPHINITELY PLAN ARE FOR GENERAL INFORMATION PURPOSES ONLY. INFORMATION IN THE DOLPHINITELY PLAN MAY NOT CONSTITUTE THE MOST UP-TO-DATE LEGAL OR OTHER INFORMATION. THE CONTENT IS PROVIDED “AS IS” AND NO REPRESENTATIONS ARE MADE THAT THE CONTENT IS ERROR-FREE.

Member acknowledges that the content of the Dolphinitely Plan has not been prepared to meet any specific requirements of the Member, and it is Member’s responsibility to ensure that the content meets its needs.

By using the Services, Member agrees that the Firm shall not be liable for damages of any kind whatsoever (including, without limitation, lost profits or any special, incidental, or consequential damages) arising out of or in connection with the Services or for any advice, information or services provided to you by the Firm or any attorney of the Firm arising out of or in connection with the Services. To the extent the foregoing limitation of liability is prohibited, the Firm’s sole obligation to the Member for damages shall be limited to $100.00. 

Any controversy or claim arising out of or relating to this Dolphinitely Plan, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules  and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Nassau County, NY. The arbitration shall be governed by the laws of the State of New York. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees.  "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness.  In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award.  Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

The parties recognize the uncertainty of the law with respect to certain provisions of these Terms and expressly stipulate that these Terms will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from these Terms or modified to the least extent possible so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of these Terms will be unaffected. 

Last Revised: January 2, 2020

Francine E. Love
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Founder and Managing Attorney at Love Law Firm, PLLC which dedicates its practice to New York business law