Business Owners Club Terms & Conditions
Please read carefully. These terms and conditions apply to membership in Clear Focus Law’s Business Owners Club (“Club”). By applying for, or accepting membership, the Club you are agreeing to all of the terms and conditions below. If you choose not to agree to these terms and conditions, then you may not join or continue membership in the Club.
MEMBERSHIP IN THE BUSINESS OWNERS CLUB DOES NOT, IN ITSELF, CREATE AN ATTORNEY-CLIENT PRIVILEGE WITH THE COMPANY, ANY OF ITS OWNERS, OR ANY OF ITS LAWYERS. THIS MEANS THAT, UNLESS YOU SIGN AN AGREEMENT WITH COMPANY FOR LEGAL SERVICES, NO INFORMATION YOU GAIN THROUGH CLUB MEMBERSHIP OR BY ACCESSING CLUB RESOURCES SHOULD BE REGARDED AS ANYTHING BEYOND EDUCATIONAL AND GENERAL INFORMATION, AND IS NOT LEGAL ADVICE. THIS ALSO MEANS THAT UNLESS YOU SIGN AN AGREEMENT WITH COMPANY FOR LEGAL SERVICES, NO INFORMATION YOU PROVIDE TO COMPANY IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY-WORK PRODUCT PROTECTION, AND THEREFORE MAY NOT NECESSARILY BE CONFIDENTIAL.
Club membership and operation.
The Business Owners Club is owned and operated by Clear Focus Law, PLLC, a Washington State Professional Limited Liability Company (“Us” “We,” or “Company”).
The Club is intended to serve as a means to provide business owners with networking and collaboration opportunities, priority access to legal services from the Company, access to certain affiliated professionals, vendors, or establishments (“Partners”), access to discounts, programs, and promotional offers, and educational or training resources (“Club Resources”)
Use of the following Club Resources are subject to the following specific terms and conditions:
a. DISCOUNTED LEGAL SERVICES AND PRIORITY ACCESS
Membership provides Members with a 10% discount on all legal services offered by Company and priority access to legal services using a special booking link accessible through the Member Home Page. Membership does not guarantee that Company will be able to, or will be willing provide any particular service or will be willing to work on any given project. All projects and services are subject to availability and conflict checks. This discount does not apply to any projects that are already pending (i.e. for which you have already accepted a written proposal) at the time of your application or enrollment. Company may discontinue this discount at any time with, or without notice.
b. TRAINING AND EDUCATION
All training and education programs offered through Club Resources are for general educational and reference information and purposes only and shall not be regarded as legal advice of any sort.
c. NETWORKING AND COLLABORATION PLATFORM
Company operates a virtual networking and collaboration platform accessible via the URL “community.clearfocuslaw.com” and called the “Virtual Coffee Shop.” The Virtual Coffee Shop will allow business owner members to network and collaborate with each other and ask questions that can be answered by fellow members as well as a panel of Moderators. Members agree to abide by the following specific rules in their participation with the Virtual Coffee Shop platform:
- Members are to be respectful with each other and shall not use vulgar language, profanities, or demeaning comments in posts.
- Political discussions and topics are prohibited except for respectful discussion about legislation or laws that affect business owners.
- Members shall not use the Virtual Coffee Shop as a platform primarily to promote their business or products and may not state any calls to action for purchasing their business or products prior to at least 3 productive posts or participation in discussions that provide value to the discussion (i.e. “ditto” or “I agree” type posts don’t count). Incidentally or tangential mention of their business or products or discussion, or description of their business or products in member profiles are acceptable. Even after having at least 3 productive posts or participation in discussions that provide value, Members still may not use their participation in the Virtual Coffee Shop primarily to promote their business or products. Posts that violate this rule may be removed. Repeated violations of this rule may result in suspension of access to the Virtual Coffee Shop.
- Members who are professionals who provide services to business owners may not: i) provide advice to other members through Membership resources (including the Virtual Coffee Shop) that may be reasonably interpreted as professional advice; or ii) solicit members in any way through Membership resources (including the Virtual Coffee Shop) to purchase their goods or services. This is a zero-tolerance rule. Members who violate this rule are subject to immediate termination from membership without notice.
- Members shall not post affiliate links or commercial solicitation links in posts.
Disclaimer of Warranties.
Except where disclaimer of warranties are prohibited by law, the Club Resources are provided, and by accepting these Terms and Conditions you are agreeing to use of or access to Club Resources, on an As Is basis and acknowledging the following warranty disclaimers. All express or implied warranties, including, but not limited to, warranty of merchantability, warranty of fitness for use, warranty of title, and warranty of non-infringement are hereby disclaimed wholly, and completely. Furthermore, We do not warranty in any way that the Club Resources, and functions or purposes served within or available through the Club Resources, will work in any particular manner, lead to any result, will be error free, uninterrupted, free of viruses, worms or other malware, or error free. Finally, We do not warranty in any way that Your patronage of any listed business, merchant or establishment will meet any particular standard of quality, or will not result in loss, physical injury or damages due to criminal or tortious conduct by anyone. If any particular portion of these disclaimers of warranty shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
Release and waiver of liability.
Neither the Company nor any of its elected or appointed officers, owners, members, shareholders, employees or agents, or any affiliated professional, vendors, or establishments(including professionals who moderate the Club’s professional networking community “Virtual Coffee Shop”) shall be liable for any liability, penalty, fee, fine, attorney’s fees, or any other costs, associated with, stemming from, or in any other way pertaining to Your use of, or access to the Club Resources or reliance on the Club Resources, regardless of the theory of liability including, but not limited to, direct, indirect, special, consequential, incidental, exemplary, punitive or any other type of damages, lost or damaged data, damage to equipment, lost profits, personal injury or death, all of which are excluded, waived and disclaimed in their entirety and in perpetuity by the agreement of the parties. Your agreement to exclude, waive and disclaim shall extend, in perpetuity, to your estate, descendants, heirs and assigns. If any particular portion of these disclaimers of liability shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
Limitation of Liability.
Under no circumstance shall the liability of the Company or any of its elected or appointed officers, owners, members, shareholders, employees or agents, or any affiliated professional, vendors, or establishments(including professionals who moderate the Club’s professional networking community “Virtual Coffee Shop”) in any way related to Your use of Club Resources referenced by or related to these Terms and Conditions, exceed the sum of $10 in US funds. This provision relates to Your use of Club Resources only, and does not attempt to limit the liability of Company in the context of an actual attorney-client relationship or the liability of any professional in any sort of a fiduciary or professional relationship. See Disclaimers regarding when an attorney-client relationship is and is not created.
Indemnification and hold harmless.
You agree to, and shall indemnify, defend, and hold completely harmless the Company, its elected or appointed officers, shareholders, employees, and agents, and any affiliated professional, vendors, or establishments(including professionals who moderate the Club’s professional networking community “Virtual Coffee Shop”) (collectively “Indemnified Parties”) from and against any claims, lawsuits, regulatory proceedings, damages (of any type, including punitive or exemplary damages), penalties, fees, fines, and costs, claimed by any third party or imposed by any governmental entity or court of law, for your actions or inactions in any way relevant to, stemming from, or resulting from your use or misuse of the Club Resources. This duty to defend, indemnify and hold harmless shall include payment of any reasonable attorney’s fees incurred therefrom. Indemnified Parties will endeavor to advise you about the existence of any legal action that may trigger your indemnification obligations as soon as possible. Late notification does not limit or eliminate your indemnification obligations.
Applicability of Terms and Conditions.
Except as prohibited by law these Terms and Conditions shall be binding on You, your estate, descendants, heirs, and assigns.
Non-Responsibility for Third-Party Actions or Third-Party Websites.
The Club Resources are available to many Users and, from time to time, may permit Users to access websites or other digital resources operated by third-parties. The Company has no control over the actions of Users or third-parties that may operate websites or other digital resources accessible through the Club Resources. As such, the Company takes no responsibility for the actions of other Users. Furthermore, while the Company will exercise care in choosing the websites and other digital resources that are officially accessible through the Club Resources, because it has no control over these websites and other digital resources, and because other Users may, through interactive media, themselves post or provide access to third-party websites and other digital resources, Company disclaims all responsibility for the contents of these third-party website and other digital resources, and advises Users to exercise care when following links that take them to websites or other digital resources, operated by third-parties, outside of Club Resources.
Brand Assets Belonging to the Company.
The following are Brand Assets belonging to the Company. The Company claims and reserves all rights to such Brand Assets and the intellectual property contained therein. Use other than as licensed or as reasonably permitted by the Fair Use Doctrine, is strictly prohibited. In particular, you may not utilize the Company’s Brand Assets: a) in a manner that might deceive or confuse the public; b) in a manner that implies that you own or control the the Brand Assets; c) in a manner that implies that you or your organization is affiliated with the Company unless you actually are and receive a license to use the Brand Assets in such a manner; d) in a manner that suggests that the Company sponsors or endorses you, your organization or your product/service; e) in a manner that confusingly combines your Brand Assets with those of the Company; f) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if the Company’s Brand Assets are featured more prominently than other branding material on the site; or g) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if said website or digital presence vehicle promotes pornography, gambling, underage smoking or drinking, or any unlawful activity. Whenever you reference the Company’s Brand Assets, you are required to use the “™” designator following it at least once in any document, web page or other digital presence vehicle.
- “Clear Focus Law,” “Clear Focus Law Business Owners Club,” and “Virtual Coffee Shop” are trademarks owned by the Company and are considered Company Brand Assets.
- The slogans “Legal Peace” and “Legal Peace of Mind” are trademarks owned by the Company and are considered Company’s Brand Assets. The Company does not permit the use of these trademarked slogans except as specifically licensed in writing.
- The following logos are trademarks owned by the Company and are considered Company Brand Assets . The Company does not permit the use of logo Brand Assets except as specifically licensed in writing:
Change to these Terms and Conditions.
The Company may unilaterally change any of the provisions herein if, in its sole discretion, it believes the change to be appropriate. Upon any change, the new version of this Agreement will be posted on the main website for the Company and reasonable steps will be taken to inform Users of such changes. Users are responsible for checking for amendments from time to time and for reviewing the newly posted Terms and Conditions when informed of their existence. If You continue to use any Club Resources after being informed of changes, then you are deemed to have agreed to the changes.
Termination of Membership
Members may terminate their membership at any time by sending notice to the Company at firstname.lastname@example.org. Upon termination, members shall lose access to all Club Resources including access to the Virtual Coffee Shop networking platform. Members who unsubscribe from the Clear Focus Legal Insights newsletter shall be deemed to have chosen to terminate their membership immediately.
Company may terminate the membership of any Member at any time with or without cause and without advance notice. Termination at the option of the Company shall be effective immediately upon notice to Member via the email address provided by the Member at time of application.
Any disputes relating to this Agreement and to the Resources, shall be resolved by binding arbitration only, and the parties hereby waive their otherwise inherent right to file a lawsuit in a court of competent jurisdiction for relief. This means that by accepting this Agreement, you are waiving your right to file a lawsuit in court and to form a class for purposes of a class action lawsuit. Prior to commencing with arbitration, any aggrieved party is strongly encouraged to contact the Company’s dispute resolution center at: Hello@ClearFocusLaw.com. If arbitration becomes necessary, then the parties agree that it shall be conducted in the following manner:
- The arbitrator may be any appropriate arbitrator or consumer arbitration provider as agreed to between the parties. If the parties are unable to select a mutually acceptable arbitrator or arbitration service, then each party shall select an individual arbitrator and the arbitrators shall jointly select a third arbitrator, and the third, selected, arbitrator shall preside over the arbitration.
- Upon the conclusion of the arbitration, the most prevailing party shall be entitled to its reasonable attorney’s fees and costs, and the other party shall be responsible for the entire cost of the arbitration proceedings including the cost of the arbitrator.
- All arbitration proceedings shall be conducted by telephone, video-conferencing and/or any other equally accessible electronic or digital means.
- Neither party shall have the opportunity to present or communicate to the arbitrator in person prior to the rendering of a decision, unless the presentation or communication is mutually agreed upon.
- Any award resulting from arbitration may be filed in any court of competent jurisdiction. If the party who is required, by an arbitration award, to pay damages does not pay such damages within a reasonable period of time and legal action is necessary to enforce said award, then the party enforcing the award shall be entitled to its reasonable attorney’s fees and costs for such enforcement action.
- Arbitration awards shall be final and shall not be subject to appeal or “trial de novo” into a court of competent jurisdiction even if such an appeal is allowed by court rules pertaining to mandatory arbitration of legal disputes in any relevant jurisdiction.
- If any portion of this Mandatory Arbitration section is found by a court of competent jurisdiction to be unenforceable for any reason, then said portion shall be removed and the remainder of the section shall be enforceable as if the unenforceable provision was never a portion thereof.
Venue for any legal action requiring an action in court, including any legal action to enforce the Mandatory Arbitration provisions herein, shall only be proper in a State or Federal court of competent jurisdiction, physically located within the counties of Benton or Franklin, in the State of Washington. By accessing or using any Resources, You are waiving any potential objection to legal jurisdiction in such venue.
Choice of Law.
These Terms and Conditions are created under the laws of the State of Washington, and for all purposes shall be interpreted under Washington State laws governing contractual transactions between Washington State residents, without regard or application of any conflict-of laws provisions.
No Legal Notices Accepted.
The Company does not, by operating the Club or any other website, social media account or other digital presence, consent to service of legal notice of any sort whatsoever, by way of delivery through resources associated with the Club or such other website, social media account or other digital presence, including any email addresses that may be found therein. Instead, any such legal notices shall be served in the manner otherwise directed by applicable law.
If a court of competent jurisdiction finds that any portion of these Terms and Conditions to be unenforceable, or if any of these Terms and Conditions conflict with any agreements that the Company has with third-parties (such as operators of social media services to which the Company has subscribed) then said unenforceable or conflicting portion(s) shall be severed and the remaining portions shall be enforceable as if the unenforceable portion was never a part of these Terms and Conditions to begin with.