Terms and Conditions

E.  We are not giving you legal advice. We are not your attorney. You are free to seek the advice of your own local attorney if you want legal advice.

Our Sites provide a platform for legal information and self-help. All information and/or resources we share and provide are intended for private use and solely for informational and educational purposes only.

 

You agree that any Content, Services, Courses and Products generated, produced or disseminated by us is generalized knowledge about legal concepts, not legal advice and shall not be a substitute for legal advice.  If you want legal advice, seek an attorney or legal counsel where you do your business or where you reside.

 

Using, visiting, viewing, downloading, purchasing, accessing or receiving any communications from us does not constitute an agreement to create an attorney client relationship with Vena Verga-Danemar, Legally She Can™ and/or Legally Fluent™ Academy. As such, any communications between you and us may not be protected as privileged under the attorney-client privilege doctrine.

 

When you use any of our Content, Services, Courses or Products in the course of your business, you warrant that you understand that, unless you are otherwise represented by an attorney, you are representing yourself in any legal matter you undertake. You and no one else shall be responsible for your acts, behaviors, business decisions and results.

 

You agree that we are not responsible or liable for any damages or losses which may arise from you using, visiting, viewing, downloading, purchasing and or accessing any of our Content, Services, Courses and/or Products.

F. Attorney Advertising Disclaimer. We do not intend to be your attorney.

Our Sites, their Contents, Services, Courses and/or Products are not intended to be attorney advertising. Our Contents, Services, Courses and/or Products are provided for public information and education purposes only and are not intended as solicitation or advertising in any or all jurisdictions where our Site would be characterized as such, and where we or our site fails to comply with all applicable laws and ethical rules of that jurisdiction.  

 

We do not seek to represent any of our Site’s users, customers and clients solely based on their visit, use or purchase on the site. We decline to provide any legal service or legal advice in jurisdictions where we are not so authorized to do so.

G. You shall not use, purchase or access our Content, Course, Service and/or Products if doing so violates your local laws and regulations.

The fact that our Sites are accessible in your jurisdiction is not an authorization or an invitation by us to use or access our Content, Services, Courses and/or Products if such will violate your local laws and regulations. You agree and accept sole responsibility in ensuring that you are not violating any applicable laws in your jurisdiction.

H. We own Intellectual Property rights. Do not infringe or violate these rights.

The Site, Contents, Services, Courses and Products and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets and proprietary information,  accessible on or through www.legallyshecan.com, www.legallyfluentacademy.com any third-party websites we may use to distribute or host our Sites, Contents, Services, Courses and Products, as well as emails we send to you, are owned by us and are protected by copyright, trademark and other intellectual property laws.

 

Our name, the course, service and product names, logos, slogans, designs, taglines are our trademarks which you cannot use without our written permission.

 

By using, visiting, viewing, downloading, purchasing and / accessing any of our Content, Services, Courses and Products, you do not gain any right, title or interest in the said intellectual property, unless we otherwise grant you rights through a prior written authorization.

 

Any violation of our intellectual property rights and the Terms contained in this provision shall be prosecuted to the fullest extent of the law.

I. When you buy and download our Content, Services, Courses and/or Products, we only give you limited rights. All documents you create out of our templates are for your own personal purposes or your own business only.

 

When you purchase and download any of our Content, Services, Courses or Products, you are only granted a non-exclusive, non-transferable, limited and revocable license.

 

You agree that you cannot copy, share, forward, distribute, reproduce, republish or otherwise, disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, create derivative works of any of our Content, Services, Courses or Products.  You further agree that any license expressly granted to you shall only cover personal use.

 

You warrant that you have the capacity to take all steps necessary to protect our Content Services, Courses or Products and that you shall make sure that they are not transferred, distributed, forwarded, or shared to others, whether electronically or in person.

 

Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.

J. You may only share our Contents after receiving a written permission or authorization from us

You may share our Content found in our Sites only after requesting and receiving a written authorization from us. You can direct your request at strategy@legallyshecan.com.

 

Permission shall be conditioned on your agreement to abide by the following terms:

  1. You may only share our content for personal use
  2. You will directly link to our Site
  3. You will credit us should you share our content in your own blog, Site or social media account or a third party’s blog, Site or Social Media Accounts.
  4. You may not represent, claim or imply that you are in any way associated with Legally She Can™ or Legally Fluent™ Academy.
  5. You are not allowed to represent or imply that the Content is yours or was created for you.

K. You agree to pay liquidated damages in case of unauthorized use of our Site, Contents, Services, Courses and/or Products.

In the event that you use any of our Contents, Services, Courses and/or Products without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid for our Services, Courses and/or Products, or a minimum of $3,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.

L. You will indemnify us if you Pirate our Contents, Services, Courses and/or Products, or if, through your acts, omissions or negligence, you aided someone to Pirate our Contents, Services, Courses and/or Products.

 

In case you violate or threaten to violate any of our intellectual property rights, titles or interests through acts such as, but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, Courses, Services or Products, you agree to indemnify, pay and transfer to us any and all the earnings you gained or will gain through such violations, acts or negligence.

 

You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles or interests.

 

You likewise agree to indemnify us in case, through your acts or negligence, another person is able to make, use, disseminate, distribute or share our Contents, Services, Courses or Products, or engage in any act that violates our intellectual property rights, title or interests.

 

You recognize that any violation or threatened violation of our Intellectual Property Rights, titles or interests would cause irreparable injury to our business and reputation which may not be adequately compensated by damages. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond, in addition to other legal remedies that we may pursue.

M. You allow us to record you when you participate in any of our calls, webinars or workshops. You further agree that any Media you submit to us is ours to use.

 

When you submit comments, photos, posts, images, videos or other contributions (“Media”) to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age. You also give us permission to take your photographs, make video and/or audio recordings of you (“Photographs and Recordings”), during our calls, webinars, workshops or any other communications (“Communications”)

 

You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive licenses to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs and Recordings in any manner, or for any purpose, and to include them in our current or future Services, Courses or Products.

 

By submitting your Media and/or participating in our Services, Courses and Communications as defined in this provision, you authorize us to use your Photographs, Recordings and Media, including your image and likeness and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media.  We can identify you either by your name, email address, social media handle or screen name, for any purposes including marketing, advertising or commercial activities.

 

At any time, or for any reason, we can elect to cease the use of your Media, Photographs and/or Recordings.

You further agree to grant us intellectual property rights to your Media, Photographs and Recording without the need to ask permission from you or to compensate you, now or at any time in the future.

N. We do not make any representations, warranties nor guarantee any results. You assume all risks when you use, visit, view, download, purchase or access any of our Contents, Services, Courses and/or Products.

 

We make no representations or warranties of any kind about the Site, our Contents, Services Courses or Products. The Sites are provided on an “as is” and “as available” basis.

 

We do not guarantee accuracy, reliability, completeness, safety, timeliness, legality, usefulness, adequacy, suitability or fitness for a particular use of any of the information or resources we provide or contained in our Content, Services, Courses and/or Products.

 

Our Contents, Services, Courses and/or Products contain generalized legal concepts solely for informational and educational purposes.  We do not guarantee nor warrant that it is useful or applicable in every situation and every jurisdiction. Consult your local lawyer where you reside and/or do your business.

 

You agree that we have not made or do not make any guarantee or representations about any earnings, results or success in court, litigation or business as a result of using any of our Contents, Services, Courses and/or Products.  You understand that the testimonials on our Sites are but examples and that there is no guarantee that you will achieve the same results achieved by other Users. You further understand that results and earnings differ for each individual.

 

Any representation or warranty that might be otherwise implied is expressly disclaimed.

 

O. We do not guarantee the safety of third-party links.

 

We do not guarantee the safety of any third-party links found in our Sites. We have no control over and assume no responsibility for the content, services, courses, products, privacy policies or practices of any third-party links. Proceed at your own risk.

P. These Terms limit our liability. Read this. If you do not agree, do not use, view, visit, download, purchase from or access our Sites, Contents, Services, Courses and/or Product

 

You agree and understand that you are to use your best judgment, exercise caution, discretion and common sense when you are using, visiting, viewing, downloading, purchasing and/or accessing the Sites. You agree that you are using our Contents, Services, Courses and/or Products at your own risks and you shall bear all such risks.

You agree that you and no one else is solely responsible for your acts, behaviors and your decisions and choices.

You understand that you have a right to consult an attorney and that you have a choice to have your legal documents drafted by your attorney instead of using, purchasing or relying on our contents, services, courses and/or products.

 

To the fullest extent permitted by applicable laws, you agree that Legally She Can / Legally™ Fluent™ Academy and Vena Verga-Danemar are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims, arising out of your use, visit, download, purchase from or access of our Sites, Contents, Services, Courses and/or Products, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.

                                    

You hereby release, forgive, forever discharge Legally She Can / Legally Fluent Academy, Vena Verga-Danemar, our employees, agents, contracts and subcontracts, from any and all claims including those related to personal or business interruptions, misapplication or information.

 

You agree that your sole remedy with respect to any claim arising out of your use of our Sites, Contents, Services, Courses or Products is to cease using them.

Q. You agree to defend and indemnify us against third party claims.

 

To the fullest extent permitted by applicable law, you agree to indemnify and hold us harmless from any loss, liability, claim, or demand made by a third party arising out of any breach by you of any of the Terms, or your use, visit, download, purchase or access by you of any our Sites, Content, Services, Courses and/or Products. You shall not settle any third-party claim or waive any defense without or prior written consent.

 

In the event that this provision is held unenforceable for any reason, you agree to limit any damages claimed to the total amount you paid to us for the Services, Courses and/or Products.

R. We will automatically charge you if you purchase any of our Services, Courses and/or Products. We do not tolerate any chargeback.

 

When you Download or Purchase any of our Services, Courses and/or Products, you may use a credit card, debit card or Paypal.

 

You give us permission to automatically charge your credit card for payment and you will receive your receipt via email following your Purchase. This receipt should be retained for your records.

 

In case you elect to pay in installments, you give us permission to automatically charge each installment on your credit, debit card or Paypal without asking your permission. The amount and dates when each installment is due are agreed upon at checkout.

 

In case your payment method is declined, we will give you a grace period of Seven (7) days to settle your account.  After that, you will automatically lose access to any of our Services, Courses or Products you purchased, without a refund for payments already made. The total or full cost of your Purchase is still due and you remain responsible in settling it despite your payment method being declined.

 

We do not entertain, tolerate or accept any type of chargeback threat or actual chargeback from your credit card company placed on your purchase or download of any of our Services, Courses and/or Products.

 

Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or to any other entity for inclusion in any chargeback or delinquent account database.

 

You understand that our report, which includes your name, e-mail address and billing address, could negatively impact your credit score/credit report.

 

You can only have the report removed by contacting us at strategy@legallyshecan and arranging for the payment of any outstanding payment.

T. We can terminate your use of our Services, Courses and/or Products at our sole discretion

 

In case you abuse, breach or violate any of these Terms, our Privacy Policy and any other terms to which you agreed to with us, we will terminate your use or access to our Sites, Services, Courses and/or Products, at our sole discretion and without the need to notify you.

You agree that we have a right to discontinue the Site, Contents, Courses and/or Products without notice to you. 

 

We will not be responsible for any claims, damage or liability you may suffer arising from or in connection with such exclusion or discontinuance.

 

In case we terminate or limit your access to any of our Contents, Services, Courses and/or Products due to your violation or breach of any of these Terms, you agree that you will not receive any refund.

U. We can assign our rights and/or obligations.

You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify or wait for your consent. You are however not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.

V. Entire Agreement

These Terms constitute the entire agreement between you and Legally She Can™ / Legally Fluent™ Academy and Vena Verga-Danemar pertaining to our Sites, Contents, Services, Courses and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals and understandings between us.

W. Severability

In case any provisions of these Terms are held invalid, illegal or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal or unenforceable shall be changed or interpreted so as to best accomplish the objectives and purpose of the whole provision and/or these Terms.

X. In case of unresolvable dispute, you agree to submit the matter to Arbitration.

If you have any complaints or grievances, contact us first at strategy@legallyshecan.com so that both parties can resolve the dispute to our mutual satisfaction as quickly and effectively as possible.

 

In case we are unable to amicably resolve the dispute, you agree to submit it to a binding arbitration with the Swiss Arbitration Association (SAA), before an arbitrator that is mutually agreed upon, in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre. You understand that this will cost additional fees, which you will shoulder.

 

By agreeing to this provision, you hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction which would otherwise be available to you if not for this Arbitration Clause.  In the event that an arbitration hearing is needed, it shall be held in Zurich Switzerland.

 

Any award or judgment that is issued by the arbitrator shall be binding.  The only award that can be issued to you is a refund of any payment made to us for the particular Service, Course or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive or otherwise.