Terms of Service

The following terms and conditions govern all use of the https://jacobtingen.com website and all content, services and products available at or through the website (taken as a whole, the “Website”). The Website is owned and operated by Jacob Tingen (“JacobTingen.com”). The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, JacobTingen.com Privacy Policy) and procedures that may be published from time to time on this Site by JacobTingen.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by JacobTingen.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your JacobTingen.com Account and Site.

If you create an account on the Website either through purchasing a subscription product or through other means, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. JacobTingen.com may change or remove any information you place in blog post comments, or other areas of the site that it considers inappropriate or unlawful, or otherwise likely to cause JacobTingen.com liability. You must immediately notify JacobTingen.com of any unauthorized uses of the site, your account, or any other breaches of security. JacobTingen.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Site Visitors and Potential Clients.

If you post links on the Website, communicate information to JacobTingen.com, or otherwise make (or allow any third party to make) material available by means of your user account on the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

b. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

c. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

e. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

f. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

By submitting Content to JacobTingen.com—either through blog posts, email communications or other means—you grant JacobTingen.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the content. If you delete Content, JacobTingen.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, JacobTingen.com has the right (though not the obligation) to, in JacobTingen.com’s sole discretion (i) refuse or remove any content that, in JacobTingen.com’s reasonable opinion, violates any JacobTingen.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in JacobTingen.com’s sole discretion. JacobTingen.com will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.

a. Fees in General. JacobTingen.com may accept payments through the website at https://jacobtingen.com. Those payments are processed through third party gateways like Paypal or Stripe. You consent to sharing the necessary information with Paypal, Stripe, or any other third party gateway necessary to process payments through JacobTingen.com. JacobTingen.com only accepts payments online via credit card, debit card, and electronic bank transfer.

b. Consultation Fee. JacobTingen.com, may charge a Consultation Fee . By sending an inquiry to JacobTingen.com, you agree to pay the associated Consultation Fee, if any.

c. Automated Billing. You agree to pay subscription fees via credit or debit card, and you understand and agree that your card will be billed automatically according to the payment schedule which you select when you purchase a subscription product.

d. Other Fees. You agree to pay all other fees as listed on the website as associated with each service, form, video subscription, or other product or service cost.

4. Attorney-Client Relationship.

Formation. Interacting with Jacob Tingen through the many available web forms and other areas of the site at https://jacobtingen.com does not automatically create an Attorney-Client relationship. An Attorney-Client relationship protects the subject matter of any communication between us, but only after the relationship has been established. For our purposes, you should consider that the Attorney-Client relationship applies only after Jacob Tingen has:

1) considered the parties in your case and have determined there is no conflict between our current clients and your legal needs, and

2) we have begun discussing your case via phone or in person, or

3) after you have received an engagement letter.

You understand that communicating through the website does not necessarily create an Attorney-Client relationship, and you are entirely responsible for communications you make via the website and for any harm that results from your disclosing confidential information before an Attorney-Client relationship has been established.

Additionally, Jacob Tingen manages all legal work through his law firm, Tingen & Williams, PLLC, located online at https://tingenwilliams.com. Tingen & Williams, PLLC is a registered limited liability company, and you recognize that any Attorney-Client relationship is formed under the legal structure of Tingen & Williams, PLLC. Additionally, by entering into an Attorney-Client relationship with Jacob Tingen, through Tingen & Williams, PLLC, you agree to the Tingen & Williams, PLLC terms of service located at https://tingenwilliams.com/tos.

5. Intellectual Property.

This Agreement does not transfer from JacobTingen.com to You any JacobTingen.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with JacobTingen.com. JacobTingen.com, the JacobTingen.com logo, and all other trademarks, service marks, graphics and logos used in connection with JacobTingen.com, or the Website are trademarks or registered trademarks of JacobTingen.com or JacobTingen.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any JacobTingen.com or third-party trademarks.

6. Changes.

JacobTingen.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. JacobTingen.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination.

JacobTingen.com may terminate your account, including your access to all or any part of the Website, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from JacobTingen.com’s notice to you thereof. JacobTingen.com may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement or your www.jacobtingen.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Limitation of Liability.

In no event will JacobTingen.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to JacobTingen.com under this agreement during the three (3) month period prior to the cause of action. JacobTingen.com shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the JacobTingen.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification.

You agree to indemnify and hold harmless JacobTingen.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

11. Notice.

Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:

a. From JacobTingen.com to You.

JacobTingen.com will provide notice to You via the e-mail address associated with your Username and User account.

b. From You to JacobTingen.com.

You must provide notice to JacobTingen.com via the contact form available at https://jacobtingen.com/contact. Blog posts comments are provided solely as a means to interact with regards to the material in a given blog post. Any attempt to contact JacobTingen.com via blog post comments shall not constitute notice under this Agreement.

12. Miscellaneous.

This Agreement constitutes the entire agreement between JacobTingen.com and You concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of JacobTingen.com, or by the posting by JacobTingen.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Henrico, Virginia. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; JacobTingen.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

13. Disclaimer of Warranties.

The Website is provided “as is”. JacobTingen.com hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. JacobTingen.com is also not responsible for information appearing on third-party websites that JacobTingen.com links to. JacobTingen.com makes NO warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

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