Privacy Policy, Terms of Use

James Waite Law’s Privacy Policy

Last Updated August 22, 2019

James R. Waite, Esq. (“JRW”) is committed to protecting your privacy and earning your trust. This Privacy Policy discloses our privacy practices for personal information we collect when you use or access our products, services, features, or content through any website, application, or service (“JRW Services”), even if you have not opened a JRW account or visited our website (“JRW Site”). We may, in our sole discretion, change this Privacy Policy from time to time by posting a revised version at jameswaitelaw.com/privacy-policy-terms-conditions. If we make any material change, we will notify you by email (as listed in your account profile) or by means of a notice on jameswaitelaw.com/privacy-policy-terms-conditions prior to the change becoming effective.

What information does JRW collect?

If you use or access the JRW Services, or open a JRW account, we may collect the following personal information:

  • Contact information, such as your name, address, phone, email, and other similar information.
  • Financial information, such as your full bank account number if you choose to use it with the JRW Services.
  • Detailed personal information, such as your date of birth or social security number.
  • Other personal information provided by third parties such as credit bureaus and identity verification services.
  • Your photo or “avatar” if you choose to add one to your JRW profile. Other users of the JRW Services may be able to view your photo. You may remove your photo or change it at any time in your account settings.
  • Information that you provide to JRW when interacting with our customer support team or other team members via phone, email, online form, or other correspondence.
  • Personal information stored with third parties that you choose to provide to JRW, such as social media account information and your social media contacts. By linking your third party accounts or using third party sign-in services, you authorize JRW to have access to this information and you agree that JRW may collect and use this information in accordance with this Privacy Policy.
  • Personal testimonial information or endorsements that you voluntarily provide to us and which we may display with your name on the JRW Site with your consent. To update or delete your testimonial, contact us at info@jameswaitelaw.com.

We may also collect the following information (“Web Browser Information”) from your device when you use the JRW Services: your IP address, the type of device you use, your device identifier, your operating system version, the type of browser you use, your location, and the URL that you came from and the next URL that you visit. If you have enabled collection of location data in the JRW mobile application, you can turn it off within the application’s settings on Android, or in your phone settings on iOS.

How does JRW use the personal information that it collects?

We collect your personal information to:

  • Provide the JRW’s Services to you.
  • Notify you about your account activity.
  • Process transactions and collect fees.
  • Provide customer support and resolve disputes.
  • Verify your identity and account information.
  • Identify, prevent, and report potentially prohibited, fraudulent, or illegal activities.
  • Customize and improve your JRW experience and the JRW Services.
  • Contact you at your telephone number by voice or SMS to validate the telephone number or your JRW account.
  • Notify you about important changes to the JRW Services and/or JRW’s terms and conditions.
  • Provide you with news, offers, and information about the JRW Services based on your communications preferences.
  • Any other purpose that we disclose to you in the course of providing the JRW Services to you.

How does JRW share my personal information?

We collect your personal information to:

  • Provide the JRW Services to you.
  • Notify you about your account activity.
  • Process transactions and collect fees.
  • Provide customer support and resolve disputes.
  • Verify your identity and account information.
  • Identify, prevent, and report potentially prohibited, fraudulent, or illegal activities.
  • Customize and improve your JRW experience and the JRW Services.
  • Contact you at your telephone number by voice or SMS to validate the telephone number or your JRW account.
  • Notify you about important changes to the JRW Services and/or JRW’s terms and conditions.
  • Provide you with news, offers, and information about the JRW Services based on your communications preferences.
  • Any other purpose that we disclose to you in the course of providing the JRW Services to you.

How does JRW share my personal information?

We may share your personal information as follows:

  • With third parties to provide, maintain, and improve the JRW Services (and not for these third parties’ own purposes), including fraud prevention, identity verification, analytics and marketing services, and financial institutions and other partners that are part of the payment process.
  • With third parties upon your request. For example, you may ask JRW to confirm your status as a JRW user with a third party merchant.
  • If we believe disclosure is reasonably necessary to comply with any applicable law, legal process, or government request; to investigate or bring legal action against someone who may be violating our rights, our terms and conditions, or the rights of others; or to protect the safety and security of JRW, our users, or the public.
  • With a third party if we are involved in a merger, acquisition, or sale of all or a portion of our stock or assets. If this occurs, you will be notified of any change to this Privacy Policy, as well as any choices you may have regarding your personal information.
  • We may share aggregated, non-personally identifiable information with third parties.

Other than as stated in this Privacy Policy, JRW does not disclose or sell any of your personal information to third parties without your consent. Please note that third parties, such as merchants that you pay and third party websites that you visit, have their own privacy policies. JRW is not responsible for the policies and practices of such third parties.

How does JRW use cookies and web beacons?

Cookies and web beacons are technologies that JRW and our third party service providers use to collect Web Browser Information in order to track how the JRW Site and JRW Services are used. Cookies are small data files that are stored on your computer’s hard drive and web beacons are tiny graphics embedded on webpages. These technologies allow us to: provide you with a personalized experience by recognizing you when you return to the JRW Site; better understand our users by tracking how they use the JRW Services; improve the design and content of the JRW Site by tracking how users interact with the JRW Site; and identify and prevent fraudulent activity. We may link Web Browser Information to any personal information that you submit while on the JRW Site. Our third party service providers may use cookies and web beacons to provide analytics services to JRW, or to serve you advertisements in connection with the JRW Services.

The JRW Site now includes or may hereafter include social media features that allow you to “Like” or share content on third party sites. These features may be hosted by the third party sites or the JRW Site, and may collect your IP address, the JRW Site page you are visiting, and may set a cookie to enable the feature to function. You can change your browser settings to refuse cookies, but this may interfere with your use of the JRW Site. Third parties with whom we partner to provide some content such as video clips, use Flash cookies which cannot be removed using your browser settings and may require you to use your Flash cookie preferences in order to disable them.

This Privacy Policy does not apply to third party cookies, web beacons, social media features and widgets (such as the Facebook Like button), or other tracking technologies used by third parties. JRW is not responsible for the privacy policies and practices of such third parties.

How do I opt-out of receiving promotional emails from JRW?

If you prefer not to receive promotional emails from JRW, click on the unsubscribe link at the bottom of any promotional email that we send you to remove your email address from future promotional email campaigns. If you have difficulty with the unsubscribe process, contact us at info@jameswaitelaw.com.

What security precautions does JRW take to protect me?

We have security measures in place to protect your personal information, including the use of industry-standard data encryption technology and internal policies and restrictions regarding the storage of and access to your personal information. Please note that no data transmission over the Internet or method of electronic storage can be guaranteed to be 100% secure. JRW’s servers and business operations are entirely located in the United States.

How do I update my information?

If your personal information changes, you can update or correct it in your account settings by logging into your account at www.JamesWaiteLaw.com.

We will retain your information for as long as your account is active or as needed to provide you the JRW Services. If you wish to close your account or request that we no longer use your information to provide you the JRW Services, contact us at info@jameswaitelaw.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our terms and conditions.

What about the privacy of children?

JamesWaiteLaw.com is a general audience website. JRW does not knowingly collect any personal information from anyone under the age of 13.

Public Forums

The JRW Site may offer publicly accessible blogs or community forums, which may require creation of an account with a third party. Any information you provide in these areas may be visible to the public, so we recommend that you avoid disclosing personal information. To request removal of your personal information from these areas, contact us at info@jameswaitelaw.com In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Contacting Us

If you have any questions regarding the JRW Privacy Policy, please contact us at info@jameswaitelaw.com or write to us at James Waite Law, P.O. Box 325, Castle Rock, CO 80104.

James Waite Law’s Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using the James Waite Law website (the “Site”) or any James Waite (“JRW”) applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to James Waite Law and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at: Info@jameswaitelaw.com.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to the JRW Terms of Service, and Privacy Policy, each of which is incorporated herein by reference.

JRW.com provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare certain of their own legal documents. Customers need not download or even license JRW software. The Site includes general information on commonly encountered legal issues. The JRW Services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. We do not review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation when you order documents on-line.  You must contact us separately for any legal advice you may require (which advice we may agree or decline to provide in our sole and absolute discretion).

The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. That’s why we maintain close relationships with attorneys in every state and have them review our contracts whenever state-specific issues may apply. The law is a personal matter, and no general information or legal tool can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our forms, you should call us to see if we can help or provide you with contact information for an attorney with the experience to properly assist you.

From time to time, JRW may perform certain attorney access services and introduce our visitors to attorneys through various methods. At no time is an attorney-client relationship fostered or created with JRW through the performance of any such services, unless we expressly agree otherwise in writing.

This Site and Applications are not intended to create any attorney-client relationship, and YOUR USE OF THE SITE DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND JRW.  NO ATTORNEY-CLIENT RELATIONSHIP SHALL EXIST FOR ANY REASON BETWEEN YOU AND JRW UNLESS YOU ENTER INTO A SEPARATE WRITTEN REPRESENTATION AGREEMENT SIGNED BY YOU AND JRW.  In all other events, to the extent you purchase any forms made available on the Site, you are and will be representing yourself in any legal matter you undertake through JRW’s legal document service.

  1. Privacy Policy.JRW respects your privacy and permits you to control the treatment of your personal information. A complete statement of JRW’s current Privacy Policy can be found by clicking here. JRW’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You may also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, username or password at any time. You agree to notify JRW immediately of any unauthorized use of your account, username or password. JRW shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by JRW, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain JRW products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant JRW a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by JRW at any time by removing your personal information from the applicable service.

  1. Ownership.This Site and Applications are owned and operated by James Waite Law. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by JRW or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by JRW, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of JRW’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. JRW does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by JRW. Any rights not expressly granted herein are reserved by JRW.
  2. Limited License.When you purchase document forms on the Site, you will automatically receive a non-exclusive license (see below for details) to use such document(s) solely for use in connection with your business (and not for any non-business-related use) provided that: (i) where provided, the copyright and trademark notices appearing on any Materials shall not be altered or removed, (ii) the Materials are not to be posed on any publicly accessible website or other form of social media, used on any other website or in a networked computer environment and (iii) the Materials are not to be modified in any way, unless otherwise specifically authorized in writing by JRW. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any and all downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
  3. Links to Third Party Sites.This Site and Applications may contain links to websites controlled by parties other than JRW (each a “Third Party Site”). JRW works with a number of partners and affiliates whose sites are linked with JRW. JRW may also provide links to other citations or resources with whom he is not affiliated. JRW is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. JRW makes no guarantees about the content or quality of the products or services provided by such sites. JRW is not responsible for webcasting or any other form of transmission received from any Third Party Site. JRW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JRW of the Third Party Site, nor does it imply that JRW sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that JRW is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
  4. Use of JRW Legal Forms. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use.

JRW grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

RESALE OF FORMS STRICTLY PROHIBITED.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of JRW.com.

  1. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary: 

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (866) 582-2586. In the unlikely event that the JRW Customer Care Center is unable to resolve your complaint to your satisfaction (or if JRW has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.  The arbitrator shall apply the same limitations period that would apply in court.

You may speak with independent counsel before using this Site or completing any purchase.  

Arbitration Agreement: 

(a) JRW and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “JRW,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms. 

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to JRW should be addressed to: Notice of Dispute, General Counsel, James Waite Law, 300 E. Miller Court, #325, Castle Rock, CO 80104 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If JRW and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or JRW may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by JRW or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or JRW is entitled. 

You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at https://www.adr.org.

(c) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms.  All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  Unless JRW and you agree otherwise, any arbitration hearings will take place in Douglas County, Colorado. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which JRW was a party. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration and legal fees will be governed by the AAA Rules. In such case, you agree to reimburse JRW for all attorneys’ fees and costs incurred by JRW in connection with such arbitration. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.  

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. As noted above, JRW may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND JRW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and JRW agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.  Neither you nor we may seek non-individualized relief that would affect other customers.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

  1. Additional Terms.Some JRW Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
  2. Reviews, Comments, Communications, and Other Content.At various locations on the Site or through Applications, JRW may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of JRW.

JRW is not the publisher or author of the User Content. JRW takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, JRW takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at: info@jameswaitelaw.com for help.

If JRW’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, JRW reserves the right to delete those files or to stop those processes. If the JRW technical staff suspects a username is being used by someone who is not authorized by the proper user, JRW may temporarily disable that user’s access in order to preserve system security. In all such cases, JRW will contact the member as soon as feasible.

JRW has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

Rights and Responsibilities of JRW Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any JRW service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
  • that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
  • that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
  • that contains any computer virus, worms, or other potentially damaging computer programs or files;
  • that otherwise violates these Terms of Use.

You grant JRW a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any content, ideas or other intellectual property you provide to us into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

You are not required to provide your real name when signing up as a user of JRW. JRW permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.

By submitting your email address in connection with your rating and review, you agree that JRW may use your email address to contact you about the status of your review and other administrative purposes.

  1. NO WARRANTY.THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, JRW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

JRW MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. JRW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (BUT NOT OTHERWISE), YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS JRW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR, FROM AND AGAINST ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF JRW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF JRW, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND IS HEREBY LIMITED TO THE EXTENT REQUIRED BY THE LAWS OF SUCH STATE(S). THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
  2. Unsolicited Submissions.Except as may be required in connection with your use of JRW Services, JRW does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to JRW through or in association with this Site shall be considered non-confidential and JRW’s property. By providing such submissions to JRW you hereby assign to JRW, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. JRW shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
  3. Compliance with Intellectual Property Laws.When accessing JRW or using the JRW legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your JRW user account.

JRW has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of JRW or of a third party or that violate intellectual property rights generally. JRW’s policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

  1. Notice. JRW has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have violated our copyrights and/or any other intellectual property laws or regulations. Our policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want JRW to delete, edit, or disable the material in question, you must provide us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    The above written information must be sent to our registered Copyright Agent:

James Waite Law
300 E. Miller Court, #325

Castle Rock, CO 80104
info@jameswaitelaw.com
 

  1. Inappropriate Content.When accessing the Site, any Applications, or using JRW’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. JRW reserves the right to terminate or delete such material from its servers. JRW will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  2. Compliance with Export Restrictions.You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
  3. Personal Use. The site is made available for your personal use on your own behalf.
  4. Children.Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
  5. Non-English-Speaking Customers. Certain materials on the JRW site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only.  In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
  6. Customers Needing Extra Assistance. JRW aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the JRW website, or otherwise have difficulties using the JRW website, please call (866) 582-2586, and our customer care team will assist you.
  7. Governing Law; Venue.Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
  8. Copyrights.All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, James Waite Law ALL RIGHTS RESERVED.
  9. Trademarks.JRW, JRW.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of JRW. All other trademarks, product names and company names or logos cited in these Terms of Use are the property of James R. Waite.
  10. Inquiries.BY USING JRW’S SERVICES OR ACCESSING THE JRW SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO JRW VIA THE JRW SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO JRW, AND THAT JRW MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
  11. Right to Refuse.You acknowledge that JRW reserves the right to refuse service to anyone and to cancel user access at any time, for any reason or for no reason, in our sole and absolute discretion.
  12. Acknowledgement.BY USING JRW’S SERVICES OR ACCESSING THE JRW SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. James Waite Law is located 300 E. Miller Court, #325, Castle Rock, CO 80104.

Updated: August 22, 2019