KAYLA MORAN LAW TERMS AND CONDITIONS OF USE
Last Modified: July 9, 2024
Thank you for visiting kaylamoranlaw.com.
INTRODUCTION. This website is owned, controlled, and operated by Kayla Moran PLLC dba Kayla Moran Law. These Terms of Use are entered into between You and Kayla Moran Law (“Kayla Moran Law” “we” or “us”). The terms “we”, “us”, and “our” refer to www.kaylamoranlaw.com.
PARTIES. The term “you” or “your” refers to any user, purchaser, or visitor of The term www.kaylamoranlaw.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, and courses (“the Services”). By using this Website, you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with Kayla Moran Law. Collectively, you and Kayla Moran Law will be referred to as “the Parties.”
ACCEPTANCE OF TERMS OF USE. The following Terms and Conditions “Terms of Use” govern your use of and access to the Website and Services. The Terms of Use are legally binding and it is your responsibility to read them before you begin to use the Website or Services. By using and/or visiting this Website you accept and agree to be bound and abide by these Terms of Use and Privacy Policy , which is incorporated herein by reference.
MODIFICATIONS TO THE TERMS OF USE. We reserve the right to update or change the Terms of Use at any time in our sole discretion. All changes are effective immediately once posted to the Website and apply to all access to and use of the Website thereafter. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. The “last modified” date at the top of this page reflects the last date changes were made to the Terms of Use. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
PRIVACY. You agree that all information you provide to register with this Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
ACCESS AND USE OF WEBSITE. Kayla Moran Law reserves the right to modify or discontinue the Website or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Kayla Moran Law will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.
NO ATTORNEY-CLIENT RELATIONSHIP. The information contained on the Website does not constitute a legal opinion on any subject or issue. You should not act upon any information contained in this Website or its links without first consulting with an attorney. This information is not intended to create an attorney-client relationship and the receipt of it does not constitute an attorney-client relationship. It is general information and should not be relied on as legal advice or in place of legal advice, as legal advice cannot be given without full consideration of all relevant information relating to your individual situation. Do not rely on this general legal information to answer a personal legal question or as a substitute for personal legal advice. Do not send us any information until you speak with one of our attorneys and obtain authorization to send that information to us. This post and/or Website may constitute attorney advertising in some locations. Visiting this Website and interacting with any materials provided here does not establish an attorney-client relationship, which is only formed through signature to an engagement agreement.
CHILDREN'S PRIVACY. We are committed to protecting the privacy of children. This Website is not intended or designed to attract children under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16.
ATTORNEY ADVERTISING. This Website may amount to attorney advertising under the laws of some states. Kayla Moran Law does not intend this Website to constitute professional attorney advertising but recognizes that it may be so considered in certain jurisdictions. To clarify the purpose of this Website and Kayla Moran Law’s intent as to its visitors, Kayla Moran Law expressly states that visiting this Website and interacting with any materials provided here does not establish an attorney-client relationship, which is only formed through signature to an engagement agreement. Moreover, Kayla Moran Law does not wish to represent any person or entity desiring representation that views this Website in any state or territory where the Website fails to comply with all laws and ethical rules of that state.
STATE BAR OF FLORIDA LICENSE STATUS. The attorney(s) of Kayla Moran Law is/are licensed to practice law within the State of Florida and is in good standing with the State Bar of Florida. Kayla Moran Law 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 including American Bar Association Model Rule 5.5 and individual state rules modeled after American Bar Association Model Rule 5.5. To the extent that Kayla Moran Law is contacted by potential clients seeking legal services in jurisdictions in which the attorney(s) is/are not permitted by these or other means to practice law, Kayla Moran Law shall decline to provide attorney representation. Kayla Moran Law does not seek to represent anyone based solely upon a visit to www.kaylamoranlaw.com, @kaylamoranlaw, or upon advertising, or where to do so would not comply with applicable local laws and rules. Access to this Website from physical locations in jurisdictions in which Kayla Moran Law is not permitted to practice law is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by Kayla Moran Law as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which the attorneys are not permitted to practice law.
FEES. Fees for the Services are set forth on the Website. We reserve the right to change the fees at any time.
CANCELLATION, PAYMENT, AND REFUND POLICY. All payments made through this Website are non-refundable. By making a purchase on this Website, you authorize Kayla Moran Law to charge the credit card(s) used. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with any Service that is provided for a fee, are correct and that you are authorized to use such payment instrument. With regard to any payment plan, you agree to pay Kayla Moran Law the amount specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Kayla Moran Law to bill your payment instrument in accordance with the terms of the applicable payment plan. We do not offer refunds and there are no exceptions to the refund policy. Users shall not receive any refund, partial or otherwise, if they are unable to attend a purchased consultation or session. If you must cancel or reschedule for any reason, you must do so within 48 hours to receive credit towards a consultation or session scheduled for another time.
LATE PAYMENTS. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
CHARGEBACKS. You agree that you will request a refund prior to requesting a chargeback with your financial institution. In the event you attempt to acquire a chargeback, you will forfeit access to services from and by the Kayla Moran Law. We may present proof of your consent to these Terms of Use and your access to the products and services to the financial institution.
YOUR CONSENT TO OTHER AGREEMENTS. When you sign up to use a special feature of this Website, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different from the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
INTELLECTUAL PROPERTY RIGHTS. All content and features on the Website, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by Kayla Moran Law, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Kayla Moran Law name, trademarks, the Kayla Moran Law logo, and all related names, logos, product and service names, designs and slogans are trademarks of Kayla Moran Law or its licensors. You may not use such trademarks or other intellectual property belonging to tKayla Moran Law without the prior written consent of Kayla Moran Law.
WEBSITE FOR PERSONAL USE. The Website and Services are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.
NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If Kayla Moran Law provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
COPYRIGHT INFRINGEMENT NOTICE. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Kayla Moran Law of your claim at hello@kaylamoranlaw.com as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
Your address, telephone number and email address;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
REPEAT INFRINGER POLICY. In accordance with the DMCA and other applicable law, Kayla Moran Law has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
USER CONTRIBUTIONS. By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
THIRD PARTY WEBSITE LINKS. If Kayla Moran Law, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Kayla Moran Law cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Kayla Moran Law is not responsible for and does not endorse such third party sites. You agree that Kayla Moran Law will not be liable for any loss or damage that may arise from your use of them.
Kayla Moran Law welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Kayla Moran Law, LLC or any group or individual affiliated with Kayla Moran Law. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent.
SOCIAL NETWORKING SERVICES. You may be able to enable the Service via various online third party services, such as social networking services (“Social Networking Services”). Any information you provide to Social Networking Services that is provided to us will be used stored and disclosed by us in accordance with our Privacy Policy [link to Privacy Policy]. The manner in which your information is used, stored and disclosed by Social Networking Services is governed solely by the policies of such third parties and Kayla Moran Law has no liability or responsibility for the actions of such third parties.
MOBILE SERVICES. The Service may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
YOUR OBLIGATIONS
In consideration of your use of this Site, you agree that to the extent you provide personal information to Kayla Moran Law it will be true, accurate, current, and complete and that you will update all personal information as necessary. You agree to use this Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
USER CONDUCT AND CONTRIBUTIONS. These User Conduct Standards apply to all Services on the Website, including all comments, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other material (“User Content”) that you upload, publish, email or display via the Service or on the Website. You are solely responsible for all User Content that you upload, publish, email or display via the Service or on the Website. User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not: i) Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; ii) Contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or pose or create a privacy or security risk to any person; iii) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; iv) Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; v) Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; vi) Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personal information from anyone under the age of 18; viii) Promote any illegal activity or unlawful act; ix) Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization; x) Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; xi) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Kayla Moran Law reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in its sole discretion, it determines violates this Terms of Use Agreement. Kayla Moran Law is not responsible for User Content nor does it endorse any opinion contained in any User Content. You will indemnify and hold Kayla Moran Law harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to your User Content.
WEBSITE MONITORING / ENFORCEMENT. We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
TERMINATION. We have the right to terminate or suspend your access to the Website or Services for any or no reason including without limitation, any violation of these Terms of Use.
GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither Kayla Moran Law nor any person associated with Kayla Moran Law makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither Kayla Moran Law nor anyone associated with Kayla Moran Law warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Website and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Kayla Moran Law shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website and Services should be construed as medical, legal, or financial advice.
WARRANTIES DISCLAIMER. Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to (a)the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; (b) relating to the security of this site; (c) that the content of this site is accurate, complete or current; or (d) that this site will operate securely or without interruption or error. Your sole remedy for any dissatisfaction with the information contained in this website is to stop using the website.
EARNINGS DISCLAIMER. While we may reference certain results, outcomes or situations on this Website or Services, 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. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your access, purchase or completion of any material or products on the Website and Services. Any results displayed on the Website or Services are not guaranteed or typical.
THIRD PARTY DISCLAIMER. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.
Kayla Moran Law does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Kayla Moran Law spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of Kayla Moran Law. We do not make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
Applicable law may not allow the limitation of certain warranties, so all or part of these disclaimers of warranties may not apply to you.
TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The 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 information on the Website and Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
ASSUMPTION OF RISK. By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Kayla Moran Law, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of the Website, including but not limited to your User Content, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any of the information obtained from the Website and Services. 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.
LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, Kayla Moran Law will not be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, Kayla Moran Law 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, actual or anticipated profits, business, savings, goodwill or data; (iii) loss of reputation; (iv) 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; or (v) any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing applies even if Williams Law, LLC has been advised of the possibility of or could have foreseen the damages and does not affect any liability that cannot be excluded or limited under applicable law.
WAIVER. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Kayla Moran Law of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
SEVERABILITY. If any portion of this Terms of Use is deemed to be illegal or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement remain in full force.
ENTIRE AGREEMENT. These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Williams Law, LLC with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Williams Law, LLC with respect to this Site and your use of this Site.
EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
CONTACT. This Website is created, operated, and controlled by Kayla Moran Law from its offices within the State of Florida, USA. Kayla Moran Law makes no representation that material on this site is appropriate or available for use in other locations.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@kaylamoranlaw.com.
LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
GOVERNING LAW, JURISDICTION AND VENUE. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
BINDING ARBITRATION, VENUE AND CHOICE OF LAW. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be Miami, Florida. Florida law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.