Terms of Use

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Hello!

We are thrilled to have you in our community. Now that you’re here, let's set some ground rules for our relationship.

We have prepared this Course Agreement (Terms and Conditions) that will apply when you enroll in our online courses. Please read it carefully. This is what you are agreeing to when you enroll in our course.

The following Course Agreement is entered into by and between You (“Student” or “You”) and Joy S. Rosenthal of Rosenthal Law & Mediation, (“RLM”, “we”, or “us”).

CONTENTS

Program
Privacy Policy
Nature of The Relationship
Fees
Refund Policy
Services provided in The Program
Ownership Of All Intellectual Property
Confidentiality
Personal Responsibility
Materials Provided By You During The Program
Testimonials
No Warranties
Limitation of Liability
Dispute Resolution
Indemnification
Termination And Access Restriction
Entire Agreement
Severability
Waiver
Force Majeure
Effective Date

1. Program

RLM agrees to provide You with access to either online course, “Landing On Your Feet - A Compassionate Lawyer's Guide to Divorce” (“LYF”) or I’m Getting Divorced – Which Process Should I Use? (“IGD”) (collectively, "this Program”). As a condition of participating in this Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

2. Privacy Policy

Rosenthal Law & Mediation will not sell, distribute or share information about you with any third party without your permission.

Rosenthal Law & Mediation is committed to maintaining the trust and confidence of its clients and students, as well as the security of all data collected for any purpose. Because your privacy is important, any personal information you supply will be used only for communication with you for Rosenthal Law & Mediation business, according to your stated preferences. You may opt out of any e-newsletters, announcements and other forms of electronic communication at any time simply by letting us know electronically.

3. Nature of The Relationship

The information contained and the resources available for download through this Program are for informational and education purposes only.

You acknowledge that RLM is not and will not be providing legal advice of any kind, and that Your participation in this Program will not in any way create a confidential or attorney-client relationship between You and RLM.

In addition, nothing in this Agreement shall create a partnership, employment, or joint venture with RLM. RLM is agreeing only to provide You with education and information by giving you access to this Program. The information contained in this Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, legal or professional advice.

4. Fees

There is no fee required for the course entitled, "I'm Getting Divorced - What Are My Options?"

In consideration of Your access to the course entitled "Landing On Your Feet - A Compassionate Lawyer's Guide to Divorce," you agree to pay the following fees:

For the evergreen course, you may choose between:

Standard Plan:

A single payment of $350.00 (due immediately); or

Payment Plan:

Two monthly payments of $185.00. If you select the payment plan, you agree to pay the initial payment today. Your selected payment method will be automatically charged the following payment in 30 days, for a total payment of $370.00. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund as per our Refund Policy set forth in Section 5 below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, RLM shall immediately suspend your access to this Program.

However, if you or your spouse have paid for mediation with Joy, the fees for Landing On Your Feet - A Compassionate Lawyer's Guide to Divorce will be waived.

Payment Plan Authorization

You agree to provide and maintain current, complete and accurate billing and credit card information. If You elect for either payment plan, You hereby authorize RLM to charge your credit card or debit card automatically as stated in this section. If payment is not received from your credit card issuers, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorneys fees if necessary.

5. Refund Policy

We want You to be satisfied with your purchase, so we offer a no-questions-asked money-back guarantee. To claim a refund, You must request your money back in writing within 7 days of the purchase by emailing [email protected]. That email must include your name, email address, the date you purchased this Program, and any other names or email addresses associated with Your purchase.. You are not required to submit any proof that you have completed any work or meet any other requirements.

We will be in touch with You after receiving Your request, and will promptly direct our payment processor to issue the refund upon approval. Please note that RLM does not control its payment processor or how quickly it expedites any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate all licenses granted to you to use the material provided to you under this Agreement and RLM’s Terms of Use. You shall immediately stop using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, and other resources.

6. Services provided in this Program

As part of this Program, RLM shall provide the following to You:

Access To Program Area – RLM shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area as long as this Program Area exists. In the event that RLM intends to close this Program Area, it shall provide students with 30 days’ notice and the ability to download the resources contained in this Program Area.

7. Ownership Of All Intellectual Property

The content and information provided in this Program are meant for Your individual use, education, and enjoyment. You agree not to give, sell, or distribute any of the content provided in this Program to others.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use this Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in this Program.

Your participation in this Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in this Program, You agree to observe and abide by all copyright and other intellectual property protection.

RLM content is not for resale. Your participation in this Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of RLM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of RLM or our licensors except as expressly authorized herein.

All content included as part of this Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in this Program, is the property of RLM or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The RLM name, RLM logo, RLM slogan, IGD name, IGD logo, LYF name, LYF logo and all related names, logos, product and service names, designs, and slogans are trademarks of RLM or its affiliates or licensors. You must not use such marks without RLM’s prior written permission. All other names, logos, product and service names, designs, and slogans in this Program are the trademarks of their respective owners.

You agree that any infringement of RLM’s intellectual property shall result in an immediate termination of the license granted in this Agreement. To be clear, if you violate RLM’s intellectual property rights, your access to this Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

8. Confidentiality

Your confidentiality is important to us.

RLM respects the privacy of our students and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in this Program, you agree to respect the privacy of other RLM students and to respect RLM’s confidential information.

Specifically, you shall not share any information provided by other RLM students outside of the bounds of this Program unless you receive express, prior written permission to share the information from that student. Similarly, the content of this Program contains RLM’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in this Program with anyone other than RLM, its owners and employees, and other LYF students.

9. Personal Responsibility

We do not guarantee Your results. We recommend that you obtain legal advice from a competent matrimonial attorney in your jurisdiction before and while taking any legal action, including the signing of any Separation or Settlement Agreement.

RLM provides educational and informational resources that are intended to help participants in this Program succeed. You recognize that your ultimate progress and outcome will be the result of your own efforts, as it is affected by your particular situation, and innumerable other circumstances beyond the control and/or knowledge of RLM. You agree that RLM has not made any guarantees about the results of taking any action, whether recommended in this Program or not.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether students of RLM or otherwise - applying the principles included in this Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in this Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in this Program.

10. Materials Provided By You During This Program

You agree not to upload any content that:

Is defamatory, indecent, obscene, promotes violence, or is libelous;
Attacks or demeans other participants or any group based on race, gender, religion, disability, age, gender identity or sexual orientation;
Discloses another’s personal information such as postal or email address or phone number;
Violates copyright laws.

11. Testimonials

From time to time, we may ask you for feedback about your experience in IGD or LYF, which you may provide in the form of comments, suggestions, or testimonials (collectively “Testimonials”). These may be provided via email, posts, survey answers, or other written, audio or video formats.

You warrant and represent that you are the author of any Testimonial you submit, and that you own all of the rights to publish it. RLM does not claim ownership of your Testimonials. However, by submitting any Testimonial, you are granting RLM (or necessary sub-licensees) permission to use it to promote IGD, LYF or any other programs or services that RLM may create in the future. This includes the right to copy, distribute, transmit, publicly display, reproduce, edit, translate, and reformat your Testimonial. In other words, RLM has the right to include your Testimonial – whether in written, audio, or video format - in this Program materials or other marketing material going forward. We will not publish your name in connection with your Testimonial without your express, written permission.

You acknowledge that RLM will not compensate you in any way for the use of your Testimonial. RLM is under no obligation to post or use any Testimonials you may provide and may remove any Testimonials at any time in RLM’s sole discretion.

[Note: this section does not apply to homework or assignments You complete during the course of this Program, which will remain confidential and will not be used to promote LYF without your express, written permission.]

12. No Warranties

While we do our best to provide relevant, understandable and accurate information to our students, RLM makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through this Program. RLM also makes no warranties regarding the performance of any technological aspects of the program.

RLM disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose to the fullest extent permissible under the law. Check with a matrimonial lawyer in your jurisdiction for the most up-to-date legal information and/or legal advice for your situation.

13. Limitation of Liability

If you are dissatisfied with this Program or any portion of it, your sole and exclusive remedy is to discontinue using this Program.

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Program. You hereby absolve RLM of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of your use of this Program and/or any information and resources contained in this Program. You agree that RLM shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Program.

The information, software, products, and services included or available through this Program may include inaccuracies or typographical errors. Changes are periodically added to the information in this Program. RLM and/or its suppliers may make improvements and/or changes in this Program at any time.

RLM and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in this Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. RLM and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall RLM and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of this Program, with the delay or inability to use this Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through this Program, or otherwise arising out of the use of this Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if RLM or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.

14. Dispute Resolution

Please bring any disputes, complaints, or claims to RLM’s attention by emailing us at [email protected]. We will attempt to resolve any disputes via direct communication. If You and RLM cannot come to an agreement, You agree to attend at least one mediation session with a professional, mutually agreed-upon mediator prior to seeking redress in arbitration or in court.

If any such dispute is not resolved via direct negotiation or mediation, you agree to present such claim only through binding arbitration to occur in New York City, New York, and shall be governed by New York State law.

You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you assert against RLM. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Program. To the extent that you attempt to assert any such claim, you agree that any claims will be governed by the laws of the State of New York, and may be presented only in the state or federal courts that are in New York City, New York.

15. Indemnification

You agree to indemnify, defend, and hold harmless RLM, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use this Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. RLM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RLM in asserting any available defenses.

16. Termination And Access Restriction

RLM reserves the right, in its sole discretion, to terminate Your access to this Program and the related services or any portion thereof at any time, if You become disruptive to RLM or other Program participants if you fail to follow this Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

17. Entire Agreement

This Agreement, along with RLM’s Privacy Policy, and Disclaimer (see below), constitutes the entire agreement between You and RLM with respect to this Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and RLM with respect to this Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

19. Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing (email sufficing), and (electronically) signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, any right arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right preclude the exercise of any other right created by this Agreement.

20. Force Majeure

RLM shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of RLM including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

21. Effective Date

This Agreement shall begin and be enforceable on the date that You register for this Program.

Disclaimer

We have made every effort to ensure the accuracy of the information provided within both I'm Getting Divorced - Which Process Should I Use? and Landing On Your Feet - A Compassionate Lawyer's Guide to Divorce. The content provided is and is intended to be informational only. The content provided is not intended to provide legal advice and does not create an attorney-client relationship. We do not suggest a guaranteed outcome as individual situations will differ, State laws vary considerably, and may have changed since publication. Consult with a local, experienced matrimonial attorney to understand current laws in your jurisdiction and how they may be applied to your specific situation.