Terms of Use

Last Updated: January 18, 2022

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY.

WHEN YOU PURCHASE, DOWNLOAD, USE, OR PARTICIPATE IN A PRODUCT (DEFINED BELOW) YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE ANY OF OUR PRODUCTS.

Herwitz Law provides general business advice and legal services to clients on a 1:1 basis, and Kristen Herwitz is licensed to practice law in California. Herwitz Law also provides an online store that sells or otherwise provides Products (defined below) for those who opt to create business and legal documents without advice from an attorney under a written engagement agreement. The Products (defined below) are not intended as advertising or solicitation anywhere where doing so would violate applicable local laws or ethical rules. “Products” include, without limitation, Herwitz Law’s contract templates, forms, video guides, checklists, worksheets, webinars, workshops, group video conferences or calls, and any other products or information provided after your make a paid purchase or supply personal information, including free downloadable materials and other information available through our email newsletters and on http://kristenherwitz.com, affiliated domains, podcasts Herwitz Law hosts or participates in, and Herwitz Law’s social media properties. These Products are owned by Herwitz Law and protected by copyright.

Products Not Intended For Children

Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you use a Product, you represent and warrant that you meet both requirements. Herwitz Law disclaims all liability for use of any Products by individuals under 18 years of age. Children under 13 years of age may not use these Products, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing or using these Products.

No Attorney-Client Relationship

Products are for general, informational use only. Products do not constitute legal advice and are not a substitute for hiring an attorney. Unless you have separately hired us by signing a written engagement agreement, Herwitz Law does not and cannot: (i) provide any legal advice, opinion, recommendation, or explanation specific to your selection of Products or strategies regarding Products, legal rights, options, remedies, or defenses; or (ii) write specific legal documents for a specific business, individual, or situation. So communications between you and Herwitz Law, while protected by our privacy policy, are not protected by attorney-client privilege or the work product doctrine.

Paid Products For Personal Use By One Business Only

Herwitz Law grants you a one-time, single-user, non-transferable, non-exclusive license to download, view, copy, and print Products you have purchased (“Paid Products”) solely for personal use by one business. Selling, sharing, redistributing, licensing, sublicensing, or otherwise disclosing Paid Products to another individual, business, or any third party is expressly prohibited. You may permit your employees, contractors, or other agents (collectively, “Agents”) to use the Paid Products solely for the purpose authorized in this section and on condition that you take precautions to ensure they do not sell the Paid Products in whole or in part, including entering into written agreements binding your Agents to terms at least as protective as these Terms. You may not assign any rights or delegate any duties under these Terms without our prior written consent.

In the event you or your employees or agents breach these Terms you will pay Herwitz Law $5,000 USD, which you agree: (i) has been incorporated into these terms and conditions as a valid pre-estimate of damages that we will sustain which will not be capable of precise determination; and (ii) is not a penalty, but rather is considered the agreed-upon liquidated damages suffered as a result of your using or sharing the template outside of these permitted and expressly limited usage terms.

Modifications to Paid Products; Attribution

You may modify the Paid Products solely to the extent necessary to complete the contract templates for your personal use, which includes filling in any blanks, customizing highlighted language, and “branding” the contract template with your own font, colors, and design elements. To protect against copycats, please ensure the contract templates retain a copyright notice in the footer and, if the contract template is used on your website, kindly include proper attribution to Herwitz Law at the end of the contract or on your resources page with a link back to https://kristenherwitz.com.

Herwitz Law owns, or has obtained a valid license to use, the intellectual property rights to all protectable elements in the Products, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphics, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms. We strongly recommend that you manage your Product use carefully and in compliance with these Terms, as we monitor the internet for infringing uses of our Product and will take whatever legal action required to enforce our intellectual property rights.

Informational and Educational Purpose Only

We provide and sell the Products for general informational and educational purposes only. The Products are not provided as, and are not a substitute for, financial, legal, medical, or other professional services or advice. You agree that we are not responsible, and specifically disclaim any liability, for your reliance on any advice or opinions in the Products. We strongly recommend you consult your own accountant, financial advisor, attorney, or medical professional, as you are ultimately responsible for determining what is best for your unique situation.

No Warranty

While we use reasonable efforts to include accurate and up-to-date information in our Products, the law is always changing and varies by location. Therefore, we cannot make any representations or warranties as to the accuracy of information in our Products and we assume no liability or responsibility for any errors or representations in the content available in the Products. You agree that you are solely responsible for the completion of any Product you purchase, including, without limitation, filling in the highlighted blanks in the Products, and you understand that we strongly recommend you work with an attorney licensed in your particular location and any additional locations in which you do business.

No Refunds; No Chargebacks

All sales are final. All Product purchases are nonrefundable, and Products are not returnable under any circumstances. Because we have a clear No Refunds policy in these Terms and you have agreed to these Terms before purchasing a Product, we will not permit any actual or threatened chargebacks from you or your credit card company. In the event that we receive a chargeback threat during or after your purchase or a chargeback is placed on your purchase, we will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in our sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings. That report may negatively impact your credit score, and we will require that you make a full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before we will remove you from those databases.

Testimonials Representative of Actual Client Experiences, Not Guarantee of Your Experience

The testimonials, statements, and opinions presented in our Products were provided voluntarily by actual clients, and we did not provide free products, services, or any other benefits in exchange for those testimonials. While those testimonials are representative of actual client experiences, the exact results and experience will be unique for each individual. Therefore, we cannot and do not make any representations or guarantees about any particular results or earnings you may experience from using the Products.

Assumption of Risk

You acknowledge that the Products have not been prepared to meet any specific requirements you may have. When you purchase, download, use, or participate in any Product, you knowingly and voluntarily assume all risk, including elements of inherent risk, and responsibility for injuries to any person or damages to any property. 

Disclaimers

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HERWITZ LAW MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE PRODUCTS AND DOES NOT WARRANT THAT THE PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HERWITZ LAW SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. HERWITZ LAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL HERWITZ LAW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, HERWITZ LAW HAS MADE AVAILABLE TO YOU, EVEN IF HERWITZ LAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

HERWITZ LAW’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE PRODUCTS OR ANY OTHER MATERIALS HERWITZ LAW HAS PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO HERWITZ LAW FOR THE PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, HERWITZ LAW HAS MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify, and hold harmless Herwitz Law PC and its owners, directors, officers, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your purchase, download, use, or participation in the Products, including, without limitation, any allegation that the Product as customized, completed, or otherwise used by you infringes a third party’s intellectual property or other proprietary right or violates any applicable law; or your violation of these Terms. This provision shall apply regardless of Releasees’ negligence, if any.

Product Availability and Delivery; Force Majeure

We do our best to ensure uninterrupted, error-free availability and delivery of the Products. However, we cannot guarantee your access will never been suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Products and website.

We shall not be liable to you for any delay or failure by us to perform our obligations under these Terms if that delay or failure arises from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any obligation under these Terms.

Third-Party Links

The Products may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”). Herwitz Law has no control over those External Sites and is not responsible for the availability of or materials provided on or through those External SItes. We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.

Protecting Personal Information

Protecting your personal information is important to us, which is why we have implemented and strive to maintain reasonable, commercially acceptable safeguards appropriate to the nature of the information we collect, use, and store. However, no website, internet transmission, method of electronic storage, or security system is completely secure. Any transmission of personal information is at your own risk. Therefore, we urge you to take appropriate steps to keep your personal information safe, such as choosing not to send personal information through insecure email and closing your browser when finished buying, downloading, using, or participating in our Products or those of any other website on a shared device or unsecured network. Please read our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.

Protecting others’ personal information is equally important to us. You shall not transmit to Herwitz Law or upload to our website any Harmful Code or use or misappropriate the data on our website or in our Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission.

Products Intended for Use Within United States

We control and provide the Products from the State of California within the United States, and we do not represent or warrant that the Products will be available or are appropriate for use in locations outside the State of California within the United States. If you choose to access or use the Products from outside the State of California within the United States, you agree to assume full liability for compliance with any applicable local laws.

Governing Law; Location for Disputes

These Terms and any disputes arising out of or in connection with these Terms or the Products shall be governed by and construed in accordance with the laws of the State of California without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in San Francisco County, California. By purchasing, downloading, using, or participating in the Products, you hereby accept the exclusive jurisdiction of those courts. Herwitz Law shall be entitled to recover its attorneys’ fees and costs in enforcing its rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.

Notices

Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products. Notice will be deemed given one (1) business day after email transmission from Herwitz Law, or two (2) business days after the date of posting on our website or elsewhere, as may be appropriate under the circumstances or otherwise required by law.

If you have any questions about our Products, 1:1 legal services, or any of our terms or policies, including these Terms, please email hello@kristenherwitz.com and include the name of the terms, policy, product, or services in the subject line.

Waiver

Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.=

Updates to Terms of Use

We will update these Terms occasionally to reflect changes in the law, our Products, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our website, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use of the Products by you after we have posted the updated version of these Terms, including your continued use of our Products, will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using our Products and contact us to request deletion of your personal information.

Severability; Entire Agreement

In the event that any portion of these Terms is declared invalid, illegal, or unenforceable for any reason, the remaining portions of these Terms shall remain in full force and effect. These Terms together with our Privacy Policy, are the exclusive agreement between us with respect to this subject matter and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to this subject matter. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms. The provisions of these Terms may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into these Terms, neither party has relied upon any representation, warranty, or agreement of the other party except for those expressly contained in these Terms.