iDrinkResponsibly.com TERMS AND CONDITIONS OF USE
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS. iDrinkResponibly,
2. DESCRIPTION OF SERVICES. We make various services available on this Site including, but not limited to, information on legal service contracts, the purchase of which will entitle you to acquire legal services from a licensed provider attorney in the State of Texas as described in your member agreement or member policy. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the
3. REGISTRATION DATA AND PRIVACY. In order to acquire some of the services offered through this Site, you will be required to become a member of DeNovo Legal Solutions, LLC. Through your registration as a member, you will become entitled to certain benefits as described in your unique member agreement. Member agreements may include benefits on a
a. Eligibility. You must be at least 18 years of age to use the Site or acquire any product or service offered on the Site. Additionally, no Person (as such term is defined in the Texas Business Organizations Code) may become a member except and unless such Person is a permanent resident of the State of Texas or a member who seeks to use his or her membership benefits solely within the State of Texas.
5.BILLING AND INVOICING.
a. Payment for Membership Packages. We bill members through an online billing system based on the benefit plans you acquire through the Site. You agree to pay Us all charges at the prices then in effect for any use of the Services by you. Additionally, you authorize Us to charge your designated payment provider for your use of the Services. You agree to make payment using your selected payment method. Depending on the benefit plan(s) purchased, your payment may
be either a
b.Member Representations. You represent and warrant that you will promptly notify Us if your payment information becomes out of date, is cancelled, or changes in any way. Additionally, you represent and warrant that you will immediately notify Us if you become aware of any potential breach in the security of your payment method, including but not limited to unauthorized use of your member account or the disclosure of your user name or password.
c.Payment Method. The terms of your payment will be based on your benefit plan you acquire through the Site and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method (the "Payment Method Provider"). If DeNovo Legal Solutions, LLC, does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand, or DeNovo Legal Solutions, LLC, may suspend or terminate your access to the benefit plan that you acquired through the Site.
d.Recurring Billing for Certain Benefit Plans. The purchase price for certain benefit plans consists of recurring periodic charges as agreed to by you under the terms of your member agreement. By entering into this Agreement through your access and use of the Site, you acknowledge that your benefit plan may have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. DENOVO LEGAL SOLUTIONS, LLC, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, QUARTERLY, SEMI- ANNUALLY, OR YEARLY, DEPENDING ON YOUR BENEFIT PLAN) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY DENOVO LEGAL SOLUTIONS, LLC) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE DENOVO LEGAL SOLUTIONS, LLC REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT THE MEMBER ADVOCACY DEPARTMENT AT DENOVO LEGAL SOLUTIONS, LLC.
e.Reaffirmation of Payment Authorization. Your
f.Refund of Payments. We do not provide refunds for benefit plans. If you terminate your membership in a benefit plan, you may use your benefit plan until the end of your
g.Promotions. Any free trial or other promotion, for example waiving a
6.PRICING. DeNovo Legal Solutions, LLC, attempts to make all prices published through the Site accurate. However, prices in the Site are updated from time to time, placed on sale, and subject to periodic change. In the event that we have provided an inaccurate price or incorrect information due to error, we reserve the right to refuse or cancel purchases made through the Site. When a purchase is cancelled due to pricing error, we will provide a refund of the purchase price. Price quotations listed on the Site or elsewhere are subject to change without notice prior to purchase. Prices listed on the Site are sold on a
7.CANCELLATION AND TERMINATION OF BENEFIT PLAN POLICIES. We allow the
termination of benefit plan policies either by Us or you in accordance with applicable law and pursuant to the benefit plan terms in the member agreement. See your member agreement for details.
8.CONDUCT ON SITE. Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content
a.is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b.victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c.infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d.constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e.contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f.impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with any other Person’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You may not utilize this site in any way that is counter to its intended purpose, including, but not limited to mining, scraping or capture of data contained herein through repetitive or automated means. This excludes Internet search engines as enumerated in defined robot files. Violators may incur criminal or civil liability. This Site helps get Texans access to quality legal care and was founded by Texas lawyers. Trust when we say if you mess with the bull you’ll get the horns.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will
cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
9.THIRD PARTY SITES AND INFORMATION. This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other Persons. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
10.INTELLECTUAL PROPERTY INFORMATION. © 2015 DeNovo Legal Solutions,
LLC, All Rights Reserved.
Neither we or our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person.
trademark, service mark, logo, and/or the name of DeNovo Legal Solutions, LLC or its Affiliates.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our designated agent (our "Designated Agent") immediately. To be effective, the notification must:
a.Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed);
b.Identify the material that you claim is infringing the copyrighted work listed in subsection a., immediately above;
c.Provide information reasonably sufficient to permit us to contact you (email address is preferred);
d.Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (an email address is preferred);
e.Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law;"
f.Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;"
g.Sign the notification (either physically or electronically);
h.Send the written communication to the following address:
DeNovo Legal Solutions, LLC 1101 Navasota St., Suite 3 Austin, TX 78702
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
12. DISCLAIMER OF WARRANTIES. ALL MATERIALS AND SERVICES ON
THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOUR USE OF THE PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with Provider Attorneys. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. A THIRD PARTY LICENSED TEXAS PROVIDER ATTORNEY MAY PERFORM THE PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE SITE. SAVE AND EXCEPT FOR THE CREDENTIALING PROCESS REQUIRED BY DENOVO LEGAL SOLUTIONS, LLC, WE MAKE NO WARRANTY REGARDING ANY SERVICES ACQUIRED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS AND ALL ACTIVITIES ASSOCIATED THEREWITH ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY, INCLUDING BUT NOT LIMITED TO PROVIDER ATTORNEY, IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion,
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT WE ARE LIABLE TO YOU FOR ANY USE OF THIS SITE OR THE GOODS OR SERVICES PROVIDED ON THE SITE, YOU EXPRESSLY AGREE THAT THE MAXIMUM AMOUNT OF SUCH DAMAGES IS LIMITED TO THE AMOUNT THAT YOU HAVE PAID TO DENOVO LEGAL SOLUTIONS, LLC, FOR THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT OR EVENTS GIVING RISE TO SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THIS PREDETERMINED LIQUIDATED DAMAGES AMOUNT IS REASONABLE AND THAT IT IS A MATERIAL INDUCEMENT FOR DENOVO LEGAL SOLUTIONS, LLC TO ALLOW YOU CONTINUED ACCESS TO AND USE OF THIS SITE.
14.INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including reasonable and necessary attorney fees, costs, and expenses that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will use your best efforts to cooperate with us in asserting any available defenses that we may select in our sole and absolute discretion.
15.SECURITY AND PASSWORDS. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
16.PARTICIPATION IN PROMOTIONS. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Site, either directly or through a
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
WE ARE NOT YOUR ATTORNEY. ACCORDINGLY, IT IS IMPERATIVE THAT YOU NOT DISCLOSE ANYTHING THAT IS CONFIDENTIAL THROUGH THE SITE. THE SITE IS NOT A MEANS OF COMMUNICATION BETWEEN YOU AND ANY PROVIDER OR OTHER ATTORNEY. RATHER, THE SITE IS A MARKETPLACE WHERE ACCESS TO LEGAL SERVICE CONTRACTS MAY BE PURCHASE AND OBTAINED. IF YOU HAVE ANY QUESTION AS TO WHETHER OR NOT YOU SHOULD DISCLOSE INFORMATION THROUGH THE SITE, IT IS BEST NOT TO DISCLOSE SUCH INFORMATION UNTIL YOU CONSULT WITH AN ATTORNEY REPRESENTING YOU. THE PROTECTION OF YOUR CONFIDENTIAL INFORMATION IS INCREDIBLY IMPORTANT. WHEN IN DOUBT, DO NOT DISCLOSE CONFIDENTIAL INFORMATION TO ANYONE BUT YOUR ATTORNEY.
20.TERMINATION OF USE.
be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
21.GOVERNING LAW. This Site (excluding any linked sites) is controlled by us from our offices within the County of Travis, Austin, Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of County of Travis, Austin, Texas, by accessing this Site both of us agree that the statutes and laws of the State of County of Travis, Austin, Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts of competent jurisdiction within the State of Texas, County of Travis, with respect to such matters arising from or related to your use of the Site.
22.NOTICES. All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to the attention of DeNovo Legal Solutions, LLC, 1101 Navasota St., Suite 1, Austin, TX 78702. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
c.You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this Site.
d.In addition to any excuse provided by applicable law, we shall be excused from liability for
25.CONTACT INFORMATION. Except as explicitly noted on this Site, the services available through this Site are offered by DeNovo Legal Solutions, LLC, a Texas limited liability company, located at 1101 Navasota St., Suite 3, Austin, TX 78702. Our telephone number is