DIGITAL OFFERING

COURSE TERMS & CONDITIONS (T&C)

COPYRIGHT NOTICE

Published by Best Virtual Paralegal LLC

St. Louis, Missouri | Snyder County, Pennsylvania

©1998 Holly Sheriff All Rights Reserved.  Last Revised 12/11/2011

©2011 Best Virtual Paralegal LLC All Rights Reserved.  Last Revised 11/22/2022 

Digital Offering or Course Terms & Conditions (T&C)

PARTIES AND DEFINITIONS.  Best Virtual Paralegal LLC can be referred to as BVP, @BVParalegal, Best Virtual Paralegal, Best Virtual Paralegal Education Services & Events, Company, or Publisher,  and may be used interchangeably throughout this document.

“You” refers to the purchaser, student, end-users, attendees, and recipients of the content.

Facility and Presenter may be used interchangeably herein and shall be defined as the author of the digital offering accompanying these T&CS.

Please read these terms and conditions (“T&CS”) carefully.

GENERAL  TERMS. You must agree to these T&CS before you are allowed to use, view, attend, or download anydigital or downloadable resources, online course, certification program, one-on-one or group coaching, class, Program, workshop, or training, or enter any private online forums, Continue Legal Education (“CLE”) live seminars, recorded seminars, articles, written materials, PowerPoint decks, or e-book (collectively “the Program” the “Offering” or “Resource” “Digital Material(s)” “Seminar Materials”) run or sponsored by the Company for any purpose, whether on social media, Website hosted by the Company or any third party venue, website, or online course site or social media website. If you do not agree to these T&CS, you may not use the Program or Offering and its resources, if any.

DISCLAIMER. This digital program provides general information on the topic presented. It is sold with the understanding that the publisher is not engaged in rendering any legal or professional services. The opinions or viewpoints expressed by faculty members do not reflect those of Best Virtual Paralegal Education Services.

These materials were prepared by the faculty who are solely responsible for the correctness and appropriateness of the content. Although this manual is prepared by professionals, the content and information provided should not be used as a substitute for professional services, and such content and information does not make up legal or other professional advice. If legal or other professional advice is required, the services of a licensed professional should be sought. Best Virtual Paralegal Education Services is not responsible or liable for any advice or information provided by the faculty.

This digital program or product is not intended to be used as a practice guide. You should not rely on it for answers to legal questions concerning actual client situations.

Statements of statutes are not complete or verbatim; they are excerpts or summaries and are paraphrased unless an exact quote is showed by quotation marks. The paralegal or practitioner must consult primary and secondary sources of state law concerning specific client situations before relying on this information.

The information herein whether Live, Virtual, On Demand or delivered through an online platform, includes sample forms and handouts, and the materials are provided to facilitate an educational opportunity for paralegals and attorneys. Materials are not intended to be legal advice. This means that these samples will not shield you from malpractice litigation or legal consequences. The materials were created for online viewing. State specific information used for illustration and is an example only. All digital products offered by the Company and Publisher for download should be considered an online digital resource. Digital resources delivered by URL address should be considered time sensitive, and URL addresses are subject to change or could be deleted by us, Google, host of classroom sites and the original owners at any time without Publisher’s knowledge or control.

DUE DILIGENCE. The Publisher urges users to use their due diligence when they use any resources by reviewing and reading the privacy policies and or statements of all resources, websites, and apps to determine what personal information is collected and used by the other websites. Occasionally, the Publisher takes part in affiliate marketing and may allow affiliate links to be included on some of our pages. This means the presenter or Publisher jointly or separately may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Publisher will only affiliate with products, services, coaches, consultants, and other experts to provide value to our customers and followers. The Publisher will inform you when one link makes up an affiliate link.

NO GUARANTEES AS TO RESULTS. Using this content does not guarantee results or success. , you agree that the Company has made no guarantees about the results of taking any action, whether recommended in this publication. The Company provides educational and informational resources that are intended to help users of this publication succeed. You recognize that your ultimate success or failure will result from your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company and Publisher. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others—whether clients of the Company or otherwise—applying the principles set out in this publication are no guarantee that you or any other person or entity will obtain similar results.

Should the Publisher reassign or update the URL addresses to your paid for resource you will be notified by email.

The digital program posts, articles, websites, documents may provide links to third-party websites. Such linked websites are not under the control of the Publisher and the company assumes no responsibility for the accuracy of the contents of such a website. The links to third-party websites should be considered time-sensitive, and URL addresses are subject to change or could be deleted by us, Google, and the owner of sites at any time without notice.

The information contained herewith is offered AS-ISand may not be current at the time you receive the information. The Publisher may furnish you with notices, including those regarding any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner.

The Publisher’s publications and programs are intended to help lawyers and paralegals work smarter and learn new ways of working more efficiently.

Publications are distributed and any accompanying programs are presented with the understanding that the Company,  Publisher, Best Virtual Paralegal LLC and its authors, speakers, and staff members do not render legal advice. The material is presented as research information to be used by legal professionals in conjunction with more research deemed necessary, in the exercise of their independent professional judgment. Original and fully current sources of information and authority should be researched.

LIMITATION OF USE. You may not record, transcribe, copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any social media channel, computer network, including a local area network, sell or offer it for sale, or use such content to construct any database. You may not alter or remove any copyright or other notice from copies of the content. Copying or storing any content is prohibited without prior written permission of the copyright holder identified in the individual content’s copyright notice.

Intellectual Property Rights. Ownership of the Content. The words, videos, images, voice, and audio recordings, training materials, presentation design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other data and intellectual property accessible to or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in emails sent to you by the Company, and the look and feel of the preceding (“the Content”) is the property of the Company and its affiliates or licensors, or facility unless otherwise noted. It is protected by copyright, trademark, and other intellectual property laws.

The Company’s Limited License to You. Use for Personal Purposes If you view, purchase, or access any Program or the Content, you will be considered our Licensee. To avoid doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you. If you have enrolled in or partially completed any Program but have not completed a program and earned the corresponding Certification, you may view, download, print, email, and use the Program and Content for your own personal purposes only. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Program or Content for personal use, you in no way assume any Content’s ownership rights – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive Publisher’s written permission before using  this content, the Program or Digital Material(s) for your own commercial use or before sharing with others.

The trademarks, logos, and program names displayed on the Program or Content are trademarks belonging to the Company. You accept these terms and conditions by checking that you agree to this Agreement’s terms or complete the training and certification requirements in this Agreement. And if applicable, your certification application is approved, The Company will grant You a limited, non-exclusive, revocable, non-transferable license (the “License”) to use the Company’s names, logos, trademarks, service marks, certification program, and materials provided to You and authorized by your completed and conferred a level of training or Certification (collectively, the “Intellectual Property”).

You may not transfer, sub-license, or assign the License and Your rights to use the Intellectual Property. The Company may require You to stop using the Intellectual Property in connection with Your clients and Your virtual/online or in-person Program or workshop and may discontinue any listing on any Company web page, at its sole discretion. If You do not use the Company’s trademarks or service marks according to any quality control guidelines set forth by the Company, Your License may be discontinued. The Company may modify, amend, supplement and replace the terms and conditions of this License in writing at any time. The Company reserves all rights not expressly granted in these terms or any express written license.

UNAUTHORIZED USE. Your use of any materials found in the Program or Content other than that expressly authorized in this Agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $4,000, whichever is greater, besides any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these T&CS would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, DISCLAIMERS. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks cannot be eliminated entirely regardless of the care and precautions are taken by Releasees. You are fully aware of the risks and hazards inherent in participating in the Program and voluntarily, knowingly, and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis, and even death. This includes injury or damage sustained while or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise),including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.

Your participation in the Program does not establish a doctor-patient, counseling, or therapist-client relationship of any kind between you, the Company, or anyone providing coaching services on behalf of the Company.

The Program and Content provide information and education only and do not provide any financial, legal, medical, or psychological services or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition. The Program and Content are not intended to substitute your own accountant, lawyer, financial advisor, or medical professional’s professional advice. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. Consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

You agree that you will not use coaching to diagnose or treat mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding deciding whether to work with a coach. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any liability to you, your personal representatives, assigns, heirs and next of kin, for all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your (or your minor child’s/ward’s) participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. If the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

INDEMNIFY. You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these T&CS, (ii) any breach by you of these T&CS or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s Website or any third-party forum or Website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

RETURN POLICY. The Publisher’s training and on-demand products are currently delivered by Internet download and live virtual events. We stand behind our products, and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download, we offer no refunds. If you change your mind about your purchase and you have not downloaded our product, we will happily issue you a refund or a different product or service of equal or lesser value subject to availability. Refund requests made after you have downloaded our product are handled case-by-case and are issued at our sole discretion. Refund requests must be made within thirty (30) days of your original purchase. Refunds are NOT eligible for certification courses that have been completed or Cle credit or completion certificates have been issued.

The Digital Materials are the same as if Company rendered services to you, and our services are governed by this Agreement in its entirety and shall serve as a Service Agreement between you and BVP. Any additional services will require an additional Services Agreement. Our return policy for live events, paralegal services, coaching services, and consulting services will be provided in our service agreements.

COMPENSATION. Digital Materials shall be billed to you for the total amount on the PayPal receipt. If you need additional support beyond the on-demand downloads you have selected, you have the option to sign up for other services by contacting Company at any time; the availability of additional services is not guaranteed.

CHARGE BACKS AND PAYMENTS.

APPLICATION FOR ACCREDITATION FEES. may be charged to you. Accreditation Fees are final and non-refundable. Other services, including but not limited to paralegal services, group, one-on-one private coaching, consulting services, marketing, and live events, maybe billed and processed by a payment processor other than PayPal.

SHARING ON SOCIAL MEDIA. Sharing of Event Materials on social media or any similar technologies with non-registered persons or guests is strictly prohibited without the Company’s expressed consent. Excluding promotion materials. The material may not be shared via social media, a personal blog, or a website without the Company’s written permission. The material provided to you may not be resold, copied, or otherwise used to start your own coaching or virtual paralegal services. Presentation publications provide general information prepared by professionals and experts in the field of study in the area or subject matter covered in the respective CLE or seminar. Users may not alter, change, delete or otherwise edited or manipulate any of the materials, including but not limited to notes, audios, films, movies, PowerPoint slides, presentations, handouts, and any other written material, worksheets, or Ebook.

EARNINGS DISCLAIMER. Every effort has been made to represent our programs and the educational value they provide accurately. However, there is no guarantee you will earn any money using these materials’ techniques and ideas. When we present revenue and sales figures on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by several factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running an online business carries risks, and your use of any information contained on the Company’s sites and in events or services is at your own risk. Subject to our Refund Policy, we provide Content without any express or implied warranties. By continuing to use our site and access our Content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any product or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

REMEDIES FOR BREACH.Breach. Failure to comply with any provision of this Agreement constitutes Breach, as well as any circumstance identified under the law.

CHOICE OF LAW. This Agreement, for all purposes, shall be construed following the laws of the State of Pennsylvania without regard to conflicts-of-law principles. Any action or proceeding by either party to enforce this Agreement shall be brought only in any state or federal court in Pennsylvania, County of Snyder. The parties now irrevocably submit to such courts’ exclusive jurisdiction and waive the defense of inconvenient forum to maintain any such action or proceeding in such a venue.

ARBITRATION. Any dispute, controversy, or claim arising out of or relating to this Agreement or any breach of this Agreement shall be submitted to and decided by mandatory final and binding arbitration. Any arbitral award determination shall be final and binding upon both parties, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof. The number and identification of arbitrators shall be determined in writing by the parties hereto or, if no agreement by the parties is forthcoming, will be determined under the AAA’s rules and provisions. The place of arbitration shall be Snyder, Pennsylvania, United States. The arbitration shall be held, and the award rendered, in English.

All Events, Courses, and Digital Download Digital Materials belong to Best Virtual Paralegal or others. Nothing in the program herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Digital Materials without the copyright owner’s prior written permission.

OTHER SERVICES. Depending on the Service, you purchase additional terms and conditions, service agreements, and policies may apply. All other terms and conditions will be provided in our service agreements. This policy applies to all Best Virtual Paralegal’s subsidiaries, partners, authorized agents, websites, and social media pages. All Best Virtual Paralegal’s authorized personnel and its online presence that contains access to personal information are legally bound to adhere to this policy. This Privacy Policy may govern or apply to information collected or used by Best Virtual Paralegal, LLC through other means, including but not limited to client projects or our service agreements. Best Virtual Paralegal owns this privacy policy.

Depending on the Service, Best Virtual Paralegal may provide additional or different privacy statements or notices for specific interactions with us or highlight how we use your personal information for particular Services. Where we do this, it will be clear which statements apply to which interactions and Services. For example, if you use our paralegal services, you will be supplied with a privacy policy as it applies to the case and project data.

ELECTRONIC & PHOTO POLICY

The Company may use images and recordings from live Zoom sessions, seminars, public events, and other activities as marketing materials on our website, newsletters, and social channels. The president of Best Virtual Paralegal will approve all images and recordings that are selected for use. Names will be used with all photos unless otherwise stated. No personal phone numbers or addresses will be allowed on any public domain portions of any site or sites used or owned by BVP. By attending BVP events including webinars, The Virtual Paralegal Cafe™, Public CLEs, and other activities, members, sponsors, and visitors agree, authorize, and grant BVP full rights/permission, royalty-free, to use and publish all photographs, audio recordings, and electronic representations or likenesses taken of him, her, they, or it unless otherwise stated in writing.

To revoke this permission, please submit in writing a request to Best Virtual Paralegal LLC 8521 Route 104 Mount Pleasant Mills, PA 17853-8710. Your image or likeness will be removed or redacted within 3-5 business days of the request. If you appear in a group photo, any identifying parts of the image will be redacted (blurred out),or you may be asked to step out of the picture or turn off your video feed.

If you feel we are not abiding by our privacy policy, contact us immediately via first-class mail at Best Virtual Paralegal, LLC Attn: Webmaster, 8521 Route 104 Mount Pleasant Mills, PA 17853-8710.

Your acceptance of this Agreement makes up your Agreement you are deemed to have received any notices that would have been delivered had you accessed our Services in an authorized manner.

For insurance and legal purposes, this policy and document shall be interpreted as a service agreement between the Company and you. If you do not agree with these T&CS, do not purchase, or use the Program or Content.

ALL RIGHTS RESERVED. No portion of this digital product or publication may be reproduced in any form, stored in any retrieval system, or transmitted in any other form by any means electronic, mechanical, photocopy, recording, or otherwise, without prior written permission from the publisher, except as provided by the United States copyright laws.

All product names and any other trademarks mentioned are used for identification only and remain their respective owners’ exclusive property.

REFUND POLICY APPLICATION FOR ACCREDITATION FEES

Application for Accreditation Fees may be charged to you. Accreditation Fees are final and non-refundable.

FACEBOOK AFFILIATE DISCLAIMER

The Company, the products, and services offered are in no way sponsored, affiliated, endorsed or administered by, or associated with, Facebook. Facebook has not reviewed tested or certified the strategies shared with you by the Company. Facebook is a registered trademark of Facebook, Inc.

ENTIRE AGREEMENT; MODIFICATIONS

You expressly agree these T&CS are intended to be as broad and inclusive as permitted by the law of the State of Pennsylvania and that if any portion is held invalid, it is agreed that it will be severed, and the balance shall continue in full legal force and effect. This is the entire Agreement of the parties and reflects a complete understanding of the parties regarding the subject. This Agreement supersedes all prior written and oral representations.

The Company may change, modify, or update these T&CS at any time. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected]. The Company may furnish you with notices, including those regarding any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your Agreement you are deemed to have received any notices that would have been delivered had you accessed our Services in an authorized manner.

By clicking on the box when signing up for the Program, or by continuing to download, view, attend a live event, or continue to use/participate,  or by paying the PayPall transanaction you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. For insurance and legal purposes, this policy and document shall be interpreted as a service agreement between the Company and you. If you do not agreewith these T&CS, do not purchase, or use the Program or Content.