Terms and Conditions
Agreement Between User and craigdaylaw.com
Welcome to craigdaylaw.com. The craigdaylaw.com website(the “Site) is comprised of various web pages operated by Craig Day Law PLLC (“Craig Day”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By using craigdaylaw.com, you unconditionally agree to all such Terms. We recommend that you both read these Terms carefully and keep a copy for your reference.
Craigdaylaw.com is a website for a virtual law firm.
Privacy
Your use of craigdaylaw.com is subject to Craig Day Law PLLC’s Privacy Policy. This Privacy Policy governs the Site and informs users of Craig Day Law PLLC’s data collection practices. We recommend reviewing this Privacy Policy and keeping a copy for your reference.
Electronic Communications
Visiting the Site and sending emails to employees at Craig Day Law PLLC constitutes electronic communications. You consent to receive electronic communications. You also agree that all agreements, disclosure, notices, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under 13
Craig Day Law PLLC collects personally identifiable information from children under the age of 13. Craig Day Law PLLC collects this information for the following reasons:
We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on the Site. If you are under the age of 13, you must ask your parent or guardian for permission to use the Site. If you are a parent, and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you must receive permission from your parent or guardian before using craigdaylaw.com.
Links to 3rd Party Sites/3rd Party Services
Craigdaylaw.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under Craig Day Law PLLC’s control and Craig Day Law PLLC, nor any of its employees or agents are not responsible for the contents of any Linked Site, or any changes or updates to any Linked Site. The links to Linked Sites are provided only as a convenience and the inclusion of any link does not imply endorsement of the Linked Site, the contents of any Linked Site, or any association with the owners or operators of the Linked Site.
Various services made available via craigdaylaw.com are delivered by 3rd party websites, developers, and organizations. By using any product, service, or functionality (the “Service”) originating from the Site’s domain, you hereby acknowledge and consent that Craig Day Law PLLC may share such information and data with any 3rd party with whom Craig Day Law PLLC has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/ Intellectual Property
As a user of craigdaylaw.com, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site. Your use is limited to strict accordance with these terms of use. As a condition of your use of the Site, you warrant Craig Day Law PLLC that you will not use the Site for any purpose that is unlawful or prohibited by these terms. In addition, you may not use the Site in any manner which could damage, overburden, disable, or impair the Site or interfere with any other party’s use and enjoyment of craigdaylaw.com. Further, you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
All content included as part of the Service, such as text, images, logos, graphics, as well as the combination of any thereof, and any software used on the Site, is the property of Craig Day Law PLLC or its suppliers and is protected by copyright and other intellectual property laws as well as any other laws that protect other proprietary rights. You agree to observe and abide by all copyright and other proprietary notice, legends or other restrictions.
Use of Communication Services
The Site contains opportunities for the public to make comments. You agree to use the Communication Services on craigdaylaw.com only to post, send, and receive messages and material that are proper and related to the particular communication service.
You agree that when using a Communication Service on the Site, you will not; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (E.g. rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, infringing, defamatory, profane, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary licenses, permissions or consents; upload files that contain viruses, corrupted files, or any other similar software programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purposes, unless such Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author distributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; or collect information about others without their consent.
Craig Day Law PLLC is under no obligation to monitor the communication services on the Site. Craig Day Law PLLC does, however, reserve the right to review posted material and may remove any information from the Communication Services at its sole discretion. Craig Day Law PLLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice.
Craig Day Law PLLC reserves the right to disclose any information as necessary to comply with any local law, legal process, regulation, or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part in Craig Day Law PLLC’s sole discretion.
We recommend that you use caution when giving out any personal information, regarding you or your children, in any Communication Service. Craig Day Law PLLC does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Craig Day Law PLLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by Craig Day Law PLLC, are not spokespersons for Craig Day Law PLLC, and their views do not necessarily reflect those of Craig Day Law PLLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You, as the user of the Site, are responsible for complying with these limitations in regards to the material that you upload.
Materials Provided to craigdaylaw.com or Posted on Any Craig Day Law PLLC Web Page
Craig Day Law PLLC does not claim ownership of the material that you provide, upload, or post to craigdaylaw.com. However, by posting, uploading, inputting, providing, or submitting your material, you are granting Craig Day Law PLLC, as well as our affiliated companies, permission to use your materials in connection with the operation of their Internet business including, without limitation, the rights to copy, distribute transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted material, and to publish your name in connection with your material.
No compensation will be paid with respect to Craig Day Law PLLC’s use of your submitted material. Further, Craig Day Law PLLC is under no obligation to post or use any of your submitted material, Craig Day Law PLLC may remove any of your submitted material at any time at Craig Day Law PLLC’s sole discretion.
By posting, inputting, providing, uploading, or submitting your submission, you warrant that you own or otherwise control all of the rights to your submitted material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your material.
International Users
The Service is controlled, operated, and administered by Craig Day Law PLLC from our offices located in the United States. If you access the Site from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the content on craigdaylaw.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Craig Day Law PLLC, its officers, directors, employees, agents, and 3rd parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a 3rd party, or your violation of any applicable laws, rules, or regulations. Craig Day Law PLLC 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 Craig Day Law PLLC in asserting any available defenses.
Arbitration
In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions within the Terms and Conditions, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Utah. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In. the event that any equitable or legal action arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representatives/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Craig Day Law PLLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CRAIG DAY LAW PLLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
CRAIG DAY LAW PLLC 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 ON THE SITE 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. CRAIG DAY LAW PLLC 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 CRAIG DAY LAW PLLC 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 THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CRAIG DAY LAW PLLC OR ANY OF ITS SUPPLIERS HS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATUTES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
Termination/Access Restriction
Craig Day Law PLLC reserves the right, at its discretion, to restrict or terminate access to the Site at any time without notice. To the maximum extent permitted by law, this agreement is governed by the law of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of using the Site. Use of the Site in any jurisdiction that does not give effect to all the provisions of these Terms is unauthorized.
You agree that no joint venture, employment, agency relationship, or partnership relationship exists between you and Craig Day Law PLLC and that your use of this Site, and consent to these Terms, do not create any such relationship. Craig Day Law PLLC’s performance of this Agreement is subject to existing law and legal process, and nothing in this agreement is in derogation of Craig Day Law PLLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Craig Day Law PLLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified within these Terms, this agreement constitutes the entire agreement between the user and Craig Day Law PLLC with respect to the use of the Site. Further, this agreement supersedes all prior agreements, communications, and proposals, whether oral or written, between the user and Craig Day Law PLLC with respect to the Site. A printed copy of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon 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. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Craig Day Law PLLC reserves the right, at its discretion, to change these Terms under which craigdaylaw.com is offered. The most current version of the Terms will supersede all previous versions. Craig Day Law PLLC recommends the user to frequently review these Terms to stay informed of any updates.
Contact
Craig Day Law PLLC welcomes questions and/or comments regarding the terms.
Mailing Address:
Craig Day Law PLLC
52 N 600 E
Heber City, UT 84032
Email Address:
Telephone Number:
435-709-2690
Effective as of 7/20/2022