Non-Member Services, Additional Fees & Costs. You understand and acknowledge that any additional services are not covered under this Membership and are subject to a new legal services agreement with a new fee. Any service not listed in the Section Above is not part of the member services. Additional compensation will be sought and You will be responsible for payment of the service prior to completion of the service. Compensation for additional services is based on a predetermined flat fee rate or billed by the hour for the time our staff devotes to the services. If billed by the hour, services shall be rendered to members at the Firm’s prevailing rates. If services are billed by the hour, you agree to pay for any agreed-upon services when invoiced. You also agree to pay for any agreed-upon expenses or fees incurred on your behalf. You have been informed and You understand that in the event that Additional Services become necessary and it is impossible to determine the total amount to be paid for the service. You agree to pay for the services when invoiced. You also agree to pay for any agreed-upon expenses or fees incurred on your behalf. You realize that the rates may change from time to time and that You will be notified in writing of any change. At that time You will have the option to agree to the change by taking no action or to retain another attorney. Services After Termination: After termination of your MyJolly.Esq Membership, either by you or by Jolly Esquire PLLC, you will not be able to access the corresponding MyJolly.Esq Membership offerings; provided, however, that any access rights to a MyJolly.Esq Membership granted you through a separate channel (e.g., through another MyJolly.Esq Membership) will remain in full force and effect unless and until separately terminated or canceled. No Guarantee, Warranty, or Liability Jolly Esquire PLLC provides no guarantee as to the results of any action or action taken on your behalf. All legal advice is provided strictly in an advisory capacity. The information presented in The MyJolly.Esq Membership is provided “as is” and “as available,” without representation or warranty of any kind. Jolly Esquire PLLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. You agree that Jolly Esquire PLLC is not liable to you or others, in any way or for any damages of any kind, arising from the use of The MyJolly.Esq Membership website, including, but not limited to, liability or damage caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office Flat Fee Billing A flat rate is an agreed-upon rate to cover the costs of handling a specific legal matter. A flat fee is always based on certain specific assumptions. If those assumptions are incorrect, changed, or modified, then the firm may revert to an hourly rate. If Jolly Esquire PLLC cannot provide competent professional services as requested and needed under a flat fee arrangement, you will be notified in writing. Refund Policy: ALL PAYMENTS MADE BY YOU ARE CONSIDERED EARNED BY US AT THE TIME OF PAYMENT AND ARE NON-REFUNDABLE! Membership Fee The MyJolly.Esq . Membership fee shall be a retainer and deemed earned when received. The purpose of the fee is to secure your attorney’s availability over the period covered by the fee. You will be charged automatically each month until you cancel. Notice of Automatic Renewal. If applicable, we will send a reminder email to the email address of record for your account approximately three(3) days before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of Jolly Esquire PLLC to send the email does not create any liability on the part of Jolly Esquire PLLC or any third-party service provider. Renewal The Initial Term shall renew automatically each term, if not specifically terminated. Such renewal or month-to-month arrangement shall be on the same terms Refunds; Cancellation You may cancel your account for any reason, at any time. The easiest way is to log in to your account and cancel. Or, you can email [email protected] and we will cancel for you. Refunds are given solely at the discretion of Jolly Esquire PLLC. Jolly Esquire PLLC also has the right to cancel your account at any time, for any reason. If your payment cannot be processed, Jolly Esquire PLLC retains the right to immediately cancel your account. Links and Email Addresses Links posted on this website to other websites are provided only as a convenience to our clients. We assume no responsibility for the content, security, or reliability of any websites to which we have posted links. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized. Non-Exclusive Limited License; Intellectual Property. You will have a non-exclusive limited license. This non-exclusive limited license gives you the right to use the information given to you as a MyJolly.Esq Member, for as long as you are a MyJolly.Esq Member. The information given to you by Jolly Esquire PLLC is for the sole purpose of providing legal services to the above-named company. The information provided for use in the MyJolly.Esq Membership shall consist of videos, advice, and all other materials (“Intellectual Property”). It is understood that You do not have any rights to the intellectual property of Jolly Esquire PLLC unless expressly stated otherwise in the Terms of Service. Unless otherwise indicated, all The MyJolly.Esq Membership materials, including, without limitation, the Jolly Esquire logo, the MyJolly.Esq Membership logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” are the proprietary trademarked and copyrighted property of Jolly Esquire. You may electronically copy and print to hard copy portions of The MyJolly.Esq Membership for the sole purpose of using materials it contains for informational and non-commercial, personal use only. All reproduced material requires Jolly Esquire copyright notice in the form of “© 2010-2024 Jolly Esquire All Rights Reserved” to be displayed on the relevant page(s). Any other use of the materials in The MyJolly.Esq Membership – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Jolly Esquire is strictly prohibited. Registered Members. During the registration process for the MyJolly.Esq Membership, we will ask you to create an account, which includes a sign-in email (“Sign-In Email”), a password (“Password”), and a Company Name (“Company Name”). When creating Your account, You must provide true, accurate, current, and complete information. Each Sign-In Email and corresponding Password can be used only by You for the Company You have named above. Sharing Your access credentials with others or using your credentials to access our proprietary Content for commercial use for companies other than the one named above, is a material breach of the Terms of Service. You are solely responsible for the confidentially and use of Your Sign-In Email and Password, as well as for any use, misuse or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In ivia Email or change any Unique Identifiers. We reserve the right to delete or change your Password, Sign-In Email, or Unique Identifier at any time and for any reason and shall have no liability to You for any loss or damage caused by such action. Work Product. The writings, notes, memoranda, reports of conversations, research, and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege. Assignment The rights and obligations created for you under this agreement may not be assigned to any other party. Subcontractors Jolly Esquire PLLC may hire or engage one or more subcontractors to perform any or all of its obligations under the Terms of Service; provided, however, that (i) Jolly Esquire PLLC shall use the same degree of care in selecting any such subcontractor as it would if such contractor was being retained to provide similar services to Jolly Esquire PLLC and (ii)Jolly Esquire PLLC shall in all cases remain primarily responsible for all of its obligations under the Terms of Service with respect to the scope of the Services, the standard for services as set forth above and the content of the Services provided to the You. Licensing Status The attorney is licensed within Florida. MyJolly.Esq is not intended as advertising or solicitation in any jurisdiction where the site would be so characterized and fails to comply with all applicable laws and ethical rules of that jurisdiction. Jolly Esquire does not seek to represent anyone based solely upon a visit to MyJolly.Esq or upon advertising, or where to do so would not comply with applicable local laws and rules Force Majeure Jolly Esquire and any of its attorneys shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Jolly Esquire. Severability If any provision of these Terms is found to be invalid or unenforceable, it shall be removed from the Terms without affecting the remaining provisions. Attorneys’ Fees. If any legal action, arbitration, or other proceeding is brought for the enforcement of these Terms, or because of any alleged dispute, breach, default or misrepresentation in connection with these Terms, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled. Dispute Resolution and Jurisdiction If a dispute arises relating to any aspect of these Terms between you and Jolly Esquire PLLC and if the dispute cannot be settled through negotiation, you agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. The Terms are governed by and must be interpreted under, Florida law, and any court proceedings relating to the Terms of Service must be instituted in the County of Miami-Dade Note For Non-Florida Residents: Although anyone can join The MyJolly.Esq Membership, it works best for people in the State of Florida, where Jolly Esquire PLLC is headquartered and licensed to practice law. For members in other states, Jolly Esquire PLLC will only be able to provide legal advice regarding copyrights, trademarks, and other issues involving federal law. Entire Agreement These Terms are the only agreement relating to your participation in The MyJolly.Esq Membership. If you engage Jolly Esquire PLLC for legal services beyond those provided in The MyJolly.Esq Membership, those services will be governed by a separate engagement letter.