Terms of Use

USER AGREEMENT

IMPORTANT – PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE AS THIS IS A BINDING CONTRACT. YOU HAVE THE RIGHT TO HAVE INDEPENDENT LEGAL COUNSEL REVIEW THIS AGREEMENT BEFORE USING THE WEBSITE.

The information, content and resources (“Services”) of Harper Dimmerman, Esquire (“Mr. Dimmerman”), The Law Office of Harper J. Dimmerman P.C. (“Law Firm”) and ZipWill.com are provided to you (“You”) under this User Agreement (“Agreement”).

BY PROVIDING YOUR E-MAIL AND PASSWORD (THE AUTHENTICATION PROCESS), YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW. EXCEPT AS MAY EXPRESSLY BE STATED HEREIN, THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MR. DIMMERMAN, LAW FIRM AND ZIPWILL.COM WITH REFERENCE TO ANY AND ALL OF OUR SERVICES AND SUPERSEDE ALL PREVIOUS OR CONTEMPORANEOUS AGREEMENTS AND/OR COMMUNICATIONS OF ANY KIND BETWEEN YOU AND MR. DIMMERMAN, LAW FIRM AND ZIPWILL.COM (HOWEVER, THIS DOES NOT APPLY TO EXISTING CLIENTELE, WITH WRITTEN FEE AGREEMENTS).

Not Legal Advice; No Attorney-Client Relationship Formed; No Business Relationship Established

Any inquires, submissions and communications made without the existence of a written retainer agreement between You and Mr. Dimmerman, Law Firm and/or ZipWill.com shall in no way be construed or interpreted as legal advice. No attorney-client relationship is formed unless a formal written retainer Agreement is executed.

Consultations

These are no longer free effective immediately.

No Warranties

Any material may include technical inaccuracies or typographical errors. We have the right to make changes and updates to any content without prior notice. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY MR. DIMMERMAN, LAW FIRM AND ZIPWILL.COM SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT THAT THE CONTENT ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No Liability

UNDER NO CIRCUMSTANCES SHALL WE, INSURANCE UNDERWRITERS, BAR ASSOCIATIONS, ADVERTISERS, PROVIDERS, LINKED BUSINESSES, LICENSORS, LICENSEES, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ANY OTHER RELATED PERSON/ENTITY AND EACH AND ALL OF THEIR ASSIGNS, SUCCESSORS, HEIRS, EXECUTORS, BENEFICIARIES, ADMINISTRATORS AND PREDECESSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON OUR SERVICES. THIS LIMITATION ON LIABILITY SHALL APPLY TO ANY CLAIM RELATING TO THIS AGREEMENT AND/OR OUR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE ALLEGED DAMAGES ARISE FROM RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED WITH US OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO OUR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall liability occur for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Duplication of Content

EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM MR. DIMMERMAN, LAW FIRM AND ZIPWILL.COM. YOU OR ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSE.

The Services are our exclusive intellectual property. The names of any third party entities, services or products may be the registered property of those third parties, services or products. Any infringement of our property rights may be subject to civil and/or criminal penalties.

Mutual Assent; Amendments; Suspension of Services

If You do not agree with this Agreement, please refrain from utilizing the Services. Additionally, we reserve the right to unilaterally change, alter, etc. any portions or paragraphs of this agreement at any time without any notice to You whatsoever, by revision on our sites or e-mailing notice of such changes to You. You are encouraged to monitor this Agreement for such changes to ensure that You find them acceptable. Your usage of the Services shall serve as proof that You have fully accepted this Agreement in its entirety and have knowingly, voluntarily and intelligently waived the right to challenge any portion whatsoever. We may suspend or discontinue the Services at any time to You and/or to others, without notice to You at any time and for any reason and by reason thereof, shall incur no liability whatsoever to You or any third party. For example, if your forum entry contains generally offensive content, we reserve the right to delete such entry and/or suspend or discontinue services altogether.

Assignment

We may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach by You or others does not waive any rights to act with respect to subsequent or similar breaches. Additionally, such inaction cannot be interpreted to constitute a modification of this Agreement. If for some reason, You have violated this agreement and we have excused this breach for whatever reason, such excusal does not create a modification and the entire Agreement shall remain in full force and effect. These terms shall be binding upon each user’s heirs, successors and assigns.

Content License

When you give us content, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Export Laws

We realize that our Services and software or technology upon which this site relies and which have been created by third party vendors are subject to United States Export Controls. No Services, software, technology or intellectual property from our sites may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By subscribing to these Services or utilizing any of the intellectual property contained within or referenced therein, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. If your conduct will violate these serious export laws, please cease and desist from utilizing our Services and any and all remotely associated software or other technologies.

Registration

To use the Services (if an option has been provided to do so), You may register by creating a username and password or by visiting our sites and accessing information. As part of the registration process, You may create an “account”, which requires various details and information concerning You. All information provided must be truthful and precise and maintained to the highest degree of accuracy on a continuing basis. If we learn that the information is inaccurate, false, misleading, deceptive or incomplete, we may terminate your account immediately and forever bar You any access whatsoever to our sites. We may take remedial action anytime and may freeze or cancel your account without any notice to You whatsoever. We may deny access and/or refuse our Services to any user whom we deem to be an inappropriate subscriber or user of the Services. This site and our Services are expressly off limits to users and persons under 18 years of age. By registering at all, You are representing that You are 18 years of age or older. If we do not take remedial action with respect to your supplied information or age, such inaction cannot be construed as a waiver of our right to do so or as a modification of this Agreement.

Passwords and Security

If You elect to register with us (and the site permits You to do so), You must use select a username and password. We accept no responsibility for your failure to maintain the confidentiality of your chosen username and password. Any accounts created by You are entirely your responsibility and are presumed to be under your dominion and control at all times. Our site is automated. You are assuming any and all risks associated with supplying personal information in any shape or form by deciding to enjoy our Services, especially with the knowledge that the site is automated. If You believe that your account has been compromised, You have an affirmative duty to notify us of this issue so that we may have the opportunity to remediate the situation. Unauthorized individuals attempting to access others’ accounts may be subject to civil and/or criminal penalties. You agree to hold harmless and indemnify us in the case that any harm results from your account being compromised for any reason whatsoever. Keep your usernames and passwords confidential at all times. If we do not take remedial action with respect to your compromised usernames and/or passwords, such inaction cannot be construed as a waiver of our right to do so or as a modification of this Agreement.

Hold Harmless and Indemnification

As has already been described within this Agreement, You are solely responsible for maintaining the confidentiality of your account information, password and all other information or data provided by You (if the site permits You to submit such information). Additionally, any and all activities occurring through your account, regardless of whether or not You are the party engaging in said activities, are your responsibility entirely. You hereby agree to indemnify, defend and save harmless us, insurance underwriters, bar associations, advertisers, providers, licensors, linked businesses, licensors, licensees, owners, officers, directors, shareholders, employees, agents or any other related person/entity and each and all of their assigns, successors, heirs, executors, beneficiaries, administrators and predecessors, from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by any of these indemnified parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by You of this Agreement or claims arising from your account, irrespective of whether You intend to defend such conduct on the basis of lack of knowledge or good faith on your part. Should a demand, claim, action or suit arise, You must use your best efforts to assist us should we need to defend ourselves. We reserve the right to assume the exclusive defense of any matter at our expense subject to indemnification by You. You shall be responsible for all reasonable attorneys’ fees and costs associated with that defense.

Restrictions; Intellectual Property

You agree to use our Services for your personal use or commercial transactions done only on your own behalf. You may only copy information from these Services if such duplication is essential for You to view, save, print, fax or e-mail said information. Otherwise, reproduction, alteration, distribution, decompilation, disassembly or reverse engineering of any portion of these Services, including but not limited to, any intellectual property contained herein or referenced hereby, is strictly prohibited.

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau or any other similar purposes. You agree not to use the Services in any way which might be construed as illegal or damaging to us, other users or any other companies listed with us or associated with us at all and in any capacity.

This Agreement does not provide You with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites. Publicly available search engines and similar Internet navigation tools may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system which limits access to human users. We reserve the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.

Any intellectual property, including but not limited to copyrights, trademarks, logos, and service marks displayed on these sites, are our property. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed on this site without our prior written permission or such third party that may own the intellectual property displayed on our site. Your misuse of any intellectual property contained within or referenced in any way, or any other content on this site is strictly prohibited unless this Agreement provides permission to the contrary. If there is a question regarding interpretation, You must err on the side of caution and refrain from engaging in any conduct which might be interpreted in any way to violate this Agreement. We will aggressively enforce intellectual property rights to the fullest extent of law, which may include but is not limited to criminal prosecution.

Materials You Provide; Privacy

In providing any materials to us (if the site permits You to submit such materials), we have the unfettered right to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your submission, in connection with the Services or in any other media and sublicense these rights, to the maximum extent permitted by applicable law. We will not pay You for your Submission. We may remove your submission at any time. For each submission, You represent that You have all rights necessary to grant us the rights in this paragraph and that the submission complies all other components of this Agreement.

Software

The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to You a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with this Agreement. Please realize that this site has been created and hosted by a third party vendor. Hence that vendor’s intellectual property policy also dictates your utilization of the Services. If You have questions regarding that vendor’s policy, You may contact us by using the following e-mail address: harper@hjdlaw.net

Enforcement

Any and all disputes affecting or directed at us, insurance underwriters, bar associations, advertisers, providers, licensors, linked businesses, licensors, licensees, owners, officers, directors, shareholders, employees, agents or any other related person/entity and each and all of their assigns, successors, heirs, executors, beneficiaries, administrators and predecessors officers, directors, employees, successors and assigns shall be governed and construed by the laws of the Commonwealth of Pennsylvania if we/they so elect, without regard for any conflict of laws provisions. By using these Services, You agree that the exclusive jurisdiction and venue for the purpose of any dispute whatsoever will occur in the state and federal courts sitting in Philadelphia County, Pennsylvania, should we/they so elect. This mandate applies to any and all disputes, claims and actions arising from or in connection with the Services and/or this Agreement. We/they additionally retain the exclusive right to select any other resolution forum, such as binding arbitration, in addition to the normal court settings. In any dispute arising under this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses.

Linked Materials

The Services may include links to third party products, services and Web sites. We do not warranty, guarantee, endorse, or otherwise assume any responsibility for or warranty and/or guarantee these products, services, and sites.

Claims of Copyright Infringement

If You believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that You claim has been infringed upon;

A description of where the material that You claim is infringing is located on the site;

Your address, telephone number, and e-mail address;

A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Agent for notice of claims of copyright infringement on its site can be reached at the following e-mail address: harper@hjdlaw.net

Termination

This Agreement is effective until terminated by either You or Mr. Dimmerman, Law Firm and ZipWill.com. We may immediately terminate your subscription and right to use the Services when You are in breach of any of parts of this Agreement, we are unable to verify or authenticate any of the information You may have provided to us, your provided information is inaccurate and/or we decide to discontinue offering the Services. We shall not be liable to You or any third party for termination of the Services. You may terminate your subscription and end your use of the Services at any time, for any reason whatsoever. If You do decide to terminate your usage, You are no longer authorized to use the Services. When this Agreement is terminated and/or your subscription is canceled, You will no longer have access to data and other material that You may have stored on the sites and that material may be deleted by us at our sole discretion.

Conduct

You are solely responsible for the content of your transmissions through the Services. We do, however, reserve the right to take any action with respect to the Services and/or the site that we deem necessary or appropriate in our sole discretion. Your use of the Services is subject to the end user license agreement set forth above and all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).

You must make all efforts to comply with all United States laws, rules and other regulations applicable in connection with the Services. Additionally, You must not use this site in any way to transmit illegal materials, viruses, harm users or their accounts, alter or misappropriate intellectual property and any related indicia of ownership, gain unauthorized access to our sites, any related sites, and/or any user accounts and/or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Mere attempts to engage in any of such unauthorized conduct will be enough to trigger enforcement action.

Child Pornography

Child pornography is the depiction of a child under the age of eighteen (18) engaged in sexually explicit behavior. If You see what you believe is child pornography that has been posted by a third party on our sites, please immediately contact your local FBI field office or the National Center for Missing and Exploited Children (“NCMEC”). It is important that You do not copy, send, or forward the content unless and until You have been directed to do so by an authorized law enforcement officer. You can find contact information for your local FBI office by visiting the following website: www.fbi.gov/contact/fo/fo.htm . To contact NCMEC, please call 1-800-843-5678 (Child Pornography Tipline). You can also file a report online at the following NCMEC website: www.CyberTipline.com

Accessibility

We endeavor to create the most rewarding and gratifying online experience for You. Additionally, we strive to achieve maximum functionality for as many users and as many browsing environments as possible, including people with disabilities. For further information, please visit: www.w3.org/TR/WCAG10/

We truly value your input in this regard. If You have any difficulty accessing these sites or have any feedback or suggestions on how we can improve your online experience, please email us: harper@hjdlaw.net

Severability

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.

– updated June 29, 2015