KIERSTY LOUGHMILLER

Terms & Conditions

By using this website as a user (“You”), You agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by The Legal Formative (hereafter “Our”, “We”, “Us”, or “Company”). Our principal place of business is located at 333 E. Main #974, Lehi, Utah 84043.

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The terms and conditions contained on this page are subject to change at any time. The information on this Website is not legal advice and does not constitute an attorney-client relationship.
 
You may use the Site for lawful purposes only. You agree to use the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
 
The information presented on thelegalformative.com is provided “as is” and “as available,” without representation or warranty of any kind. The Legal Formative 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. Laws change very quickly, especially in certain areas of law like Internet and eCommerce law. While the site strives to provide useful information for users, it cannot claim to be updated in all subjects or in all jurisdictions. 
 
Kiersty Loughmiller is licensed to practice in the state of Utah as part of the separate business entity of The Legal Formative. Kiersty Loughmiller practices law only where licensed to do so, where permitted to do so by virtue of the advice rendered being on issues of Federal law, and where permitted to do so by multi-jurisdictional practice rules. To the extent The Legal Formative is contacted by potential clients seeking legal services in jurisdictions in which Kiersty Loughmiller is not permitted by these or other means to practice law, The Legal Formative shall decline to provide attorney representation. The Legal Formative does not seek to represent anyone based solely upon a visit to thelegalformative.com or upon advertising, or where to do so would not comply with applicable local laws and rules. Access to the website from physical locations in jurisdictions in which Kiersty Loughmiller is not permitted to practice law is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by The Legal Formative as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which Kiersty Loughmiller is not permitted to practice law.  The Legal Formative is a dba for Loughmiller & Loughmiller, LLC.
 
Intellectual Property Notice

The Platforms and Services contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, all images, text, designs, graphics, logos, trademarks and service marks are owned by and property of The Legal Formative, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third-party website including social media. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. You may not: establish: (i) a hyperlink, including a deep link, to any page or location on the Platforms/Services; or (ii) a frame containing any portion of the Platforms/Services, on any other website or text document with hyperlink capabilities without the express written permission of the Company; copy such content onto your or any other website or publication; or direct any other person to do any of the foregoing. We reserve the right to immediately remove your access to our Platforms and Services, without refund, if you are found to be violating this Intellectual Property Policy.We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. 

Your Communications

Any communications made through Our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

No Attorney-Client Relationship or Legal Advice
 
Neither receipt of information presented on thelegalformative.com, including the use of comments, forums, or social media groups connected with it, nor any email or other electronic communication sent to Kiersty Loughmiller or its attorneys through thelegalformative.com will create an attorney-client relationship. The Legal Formative cannot guarantee the confidentiality of information provided by email through the website. Platforms or Services cannot provide legal advice, opinions or recommendations. No user of the Platforms or Services should act, or refrain from acting, on the basis of information included on this the Platforms or Services without first consulting legal counsel in the relevant jurisdiction. If you need legal advice, hire an attorney authorized to practice law in your jurisdiction. Any information that you provide by reason of your use of the Platforms or Services is not privileged or confidential. No user of thelegalformative.com should act, or refrain from acting, on the basis of information included on thelegalformative.com without first consulting legal counsel in the relevant jurisdiction.
 
The information provided on the Site is for educational and informational purposes only. It is not legal advice. If You require legal advice, consult an attorney licensed in Your jurisdiction. Use of the Site does not establish an attorney-client relationship.
An attorney-client relationship with prospective clients is established only after The Legal Formative has expressly communicated the ability to accept representation of Your matter and You have signed an engagement letter outlining terms of that representation. The Legal Formative may decline to provide legal service if a conflict of interest is discovered. The scope of legal services to be performed by The Legal Formative will be expressly agreed upon in writing by You before any legal services are performed, and do not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement. The terms herein do not apply to any attorney-client relationship that may exist between You and The Legal Formative in addition to your use of the site; any materials or other communications within such relationship, if any, are governed by the terms of Your Engagement Agreement and the applicable Rules of Professional Conduct.
 
This website may constitute attorney advertising under the laws of some states. The Legal Formative does not intend its site to constitute professional attorney advertising but recognizes that it may be so considered in certain jurisdictions. To clarify the purpose of the website and The Legal Formative states that visiting the website and interacting with the materials provided thereon does not establish an attorney-client relationship, which is only formed when you have agreed and signed a written engagement agreement. Materials and information provided on the website are not indicative of likely results in any particular legal matter. The Legal Formative cannot guarantee results; past results do not guarantee future results.
 
Use of the Site and Service
 
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service. In order to access the Platforms, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms. We are not responsible for delay or failure of our performance of any of the features of the Platforms caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
 
Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at kiersty@thelegalformative.com.

Termination

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

Dispute Resolution

If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Provo, Utah. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us.
If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Provo , Utah. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

Effect of Headings
 
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
 
Entire Agreement

This Agreement constitutes the entire agreement between You and The Legal Formative pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by The Legal Formative shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Us.

Severability

If any part of these terms and conditions or Our privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

This Agreement shall be construed in accordance with, and governed by, the laws of Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Utah County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
 
Limitation of Liability and Indemnification
 
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. The Legal Formative is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
 
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these terms and conditions, or any use by You of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to You, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

The Company may share the successful results of the Company, its users, or customers on the Platforms and Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Platforms and/or Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platforms and/or Services is a promise, warranty or guarantee to you of such results.

Consent

By using this website, You hereby consent to these Terms and Conditions of Use.

If You require any more information or have any questions about these Terms and Conditions of website use, or the included Privacy Policy, please feel free to contact us by email at kiersty@thelegalformative.com.