BY VISITING BRITTANYRATELLE.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF THE SITE AS OPERATED BY BRITTANY RATELLE, LLC. UPDATED January 10, 2020
Overview
The terms “we”, “us”, and “our” refer to brittanyratelle.com. The term “Site” refers to brittanyratelle.com. The term “user,” “you” and “your” refers to all site visitors. The term “Service” refers to general information about services and products, as well as general information about different areas of the law.
Use of the site, including all information and educational materials presented here by Brittany Ratelle, LLC, is subject to the following terms and conditions. These terms and conditions apply to all users of the site. By using the site you agree you have read and acknowledged these terms and conditions and agree to them as stated.
Use of the Site and Service
Materials on brittanyratelle.com contain general information about services and products, as well as general information about different areas of the law.
The information presented is not legal advice and does not constitute an attorney-client relationship with all of its rights, responsibilities and confidentiality. For an attorney client relationship to exist the user and attorney must sign an engagement letter detailing the terms of the professional relationship. If you have not signed something like that with me — I am NOT your attorney.
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service.
Attorney Advertising
This website may constitute attorney advertising under the laws of some states. Brittany Ratelle, LLC does not intend its site to constitute professional attorney advertising but recognizes that it may be so considered in certain jurisdictions. To clarify the purpose of the website and Brittany Ratelle, LLC’s intent as to its visitors,Brittany Ratelle, LLC states that visiting the website and interacting with the materials provided thereon does not establish an attorney-client relationship, which is only formed when you have agreed and signed a written engagement agreement. Materials and information provided on the website are not indicative of likely results in any particular legal matter.Brittany Ratelle, LLC cannot guarantee results; past results do not guarantee future results.
Modification of These Terms
Brittany Ratelle, LLC reserves the right to change the terms, conditions, and notices under which brittanyratelle.com and its content is hosted. By using brittanyratelle.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy as of the date of such use.
Communication: No Attorney-Client Relationship or Legal Advice
Neither receipt of information presented on brittanyratelle.com, including the use of comments, forums, or social media groups connected with it, nor any email or other electronic communication sent to Brittany Ratelle, LLC or its attorneys through brittanyratelle.com will create an attorney-client relationship.Brittany Ratelle, LLC cannot guarantee the confidentiality of information provided by email through the website. No user of brittanyratelle.com should act, or refrain from acting, on the basis of information included on brittanyratelle.com without first consulting legal counsel in the relevant jurisdiction.
Licensing Status
Brittany Ratelle is licensed to practice in the state of Utah as part of the separate business entity of Ratelle Law, LLC. Brittany Ratelle practices law only where licensed to do so, where permitted to do so by virtue of the advice rendered being on issues of Federal law, and where permitted to do so by multi-jurisdictional practice rules including American Bar Association Model Rule 5.5 and individual state rules modeled after American Bar Association Model Rule 5.5. To the extent the attorneys of Ratelle Law, LLC are contacted by potential clients seeking legal services in jurisdictions in which the attorneys are not permitted by these or other means to practice law, Ratelle Law, LLC shall decline to provide attorney representation. Ratelle Law, LLC does not seek to represent anyone based solely upon a visit to brittanyratelle.com or upon advertising, or where to do so would not comply with applicable local laws and rules. Access to the website from physical locations in jurisdictions in which the attorneys of Ratelle Law, LLC are not permitted to practice law is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by Ratelle Law, LLC as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which the attorneys are not permitted to practice law.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the site or via email any artwork, photos or other materials (“Materials”) protected by intellectual property laws without the express written permission of the owner of the copyright. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have may any legal claims. However, you grant Brittany Ratelle, LLC a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold Brittany Ratelle, LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Scope of Services
The information provided on the Site is for educational and informational purposes only. It is not legal advice. If you require legal advice, consult an attorney licensed in your jurisdiction. Use of the Site and Service does not establish an attorney-client relationship.
An attorney-client relationship with prospective clients is established only after an attorney of Ratelle Law, LLC has expressly communicated the ability to accept representation of your matter and you have signed an engagement letter outlining terms of that representation. Ratelle Law, LLC may decline to provide legal service if a conflict of interest is discovered. The scope of legal services to be performed by an attorney of Ratelle Law, LLC will be expressly agreed upon in writing by you before any legal services are performed, and do not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement. The terms herein do not apply to any attorney-client relationship that may exist between you and Ratelle Law, LLC in addition to your use of the site; any materials or other communications within such relationship, if any, are governed by the terms of your Engagement Agreement and the applicable Rules of Professional Conduct.
Description of Services
We endeavor to describe and display the services as accurately as possible. While we try to be as clear as possible in explaining the services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
Cookies
We use session cookies to ensure that your computer displays brittanyratelle.com effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from brittanyratelle.com, you may not be able to take full advantage of its features or to receive some of the services brittanyratelle.com provides. Please consult our privacy policy for more information.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Brittany Ratelle, LLC . You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized. We reserve the right to delete spam content from anywhere it is found on the site.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
No Warranty
The information presented on brittanyratelle.com is provided “as is” and “as available,” without representation or warranty of any kind. Brittany Ratelle, LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Laws change very quickly, especially in certain areas of law like Internet and eCommerce law. While the site strives to provide useful information for users, it cannot claim to be updated in all subjects or in all jurisdictions.
Changed Terms
We may at any time amend these terms and conditions. Such amendments are effective immediately upon notice to you by us posting the new terms and conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these terms and conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our terms and conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Brittany Ratelle, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Brittany Ratelle, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Brittany Ratelle, LLC ’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Brittany Ratelle, LLC and if no purchase has been made by you Brittany Ratelle, LLC cumulative liability to you shall not exceed $100.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these terms and conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Our Intellectual Property
The Site and Service contain intellectual property owned by Ratelle Law, LLC including, without limitation, the britanyratelle.com logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Brittany Ratelle, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Brittany Ratelle, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Brittany Ratelle, LLC
PO Box 970412
Orem, UT 84097
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Utah County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These terms and conditions bind and inure to the benefit of the parties’ successors and assigns. These terms and conditions are not assignable, delegable, or transferable by you, unless accepted by written consent by Brittany Ratelle, LLC . Any transfer, assignment, delegation or sublicense by you is invalid.
