Terms of Service

This document sets out your rights and responsibilities for accessing or using the Boyer Coffy, LLC website at https://info.boyercoffylaw.com/contact and other associated sites linked hereto and operated or controlled by Boyer Coffy, LLC unless expressly excluded or where a separate policy is provided (collectively, “the Sites”).

Our overall Terms of Service also include the provisions displayed in our DMCA, GDPR, Privacy Policy, Acceptable Use, Billing Policy, EULA, and DPA pages. Please make sure to read them as well.

Background

Please read these terms carefully because all uses of the Sites are subject to these terms of service (“Terms” or “TOS”). By using the Sites, you are acknowledging that you have read this and agree to it.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. There are no exceptions.

You must be at least 18 years of age to use or register for an account on the Sites, purchase any goods or services, or enroll in any messaging programs. By using the Sites or subscribing to our services, you warrant and represent that you are at least 18 years of age.

If you are under 18, you are strictly prohibited from using the Sites and submitting any personal data or mobile information to us.

We reserve the right to amend or change all or parts of this TOS from time to time. Any such amendments or changes will be posted here and shall constitute the new terms and conditions for Boyer Coffy, LLC sites from the time they are posted.

A. Privacy Policy and Data Disclosures

You may find links to our Privacy Policy page, and any other legal page in this site, at the footer of this page.

Briefly, we generally collect only as much personally identifying information as is required to provide the services. Our general policy is not to disclose any personal nonpublic information of any visitor, customer, member, or client to any third-party, except under very limited circumstances.

We only disclose such information to improve the services or your user experience, or when we are required to disclose. We will disclose only as much information as is needed to provide the enhanced user experience or improved service. We will disclose where strictly required by law – e.g., if we are under a subpoena or court order, and/or if our attorneys advise us to provide the information. While we are very protective of our user’s personal data, you agree that Boyer Coffy, LLC or our assignees may disclose your personal information to a third-party if we, in our sole discretion, believe that the law or legal process requires it, or to protect the rights, property, or safety of Boyer Coffy, LLC or others, or as otherwise described in our posted Privacy Policy.

Users of the Site(s) should refer to our Privacy Policy for more detailed information about how we use and collect information.

You also understand that the Sites or portions of the Sites are publicly available and that if you post on a public site or via social media your post (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. Boyer Coffy, LLC assumes no responsibility for information that YOU make public, and we will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others not in our control. You should be careful and avoid posting information you do not wish to disclose on a public site or via social media. If you post via social media, we do not have control over the content of your post.

B. Authorized Uses of The Site(s)

Your Use of the Sites is Subject to This Limited License of the Boyer Coffy, LLC Sites, and all content thereon (the “Content”), is the exclusive and private property of its owner(s) unless otherwise stated. Use of the Sites is permitted under a “limited license” that provides you limited access under these Terms.

Your access can be revoked without warning if you violate these Terms. Except as otherwise expressly provided, your right to access and to use the Boyer Coffy, LLC Sites is personal to you. You may not share your access, username, login, or password to the Sites, or to any software, products, or services offered via the Sites. You agree to keep your login credential secure, and to comply with all password security policies, including password change and complexity requirements. You understand that if you are prompted to change your password, you may lose access to the Sites, software, products, or services if you fail do so.

You may use a standard web-browser (e.g. on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or other mobile device) to access the Sites, software, products, and services. All other software to access the Sites, the Content, or our database(s) is in violation of these TOS.

Permissible uses of the Boyer Coffy, LLC Sites includes all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein. For example, our Sites may provide videos or posts – you can view them and replay them. Some content may include an invitation or opportunity to comment, discuss, or post questions or feedback for us via the Sites or via social media. You may also have opportunities to participate in our polls, surveys, discussion threads, forums, or the like. You may have the ability to interact with and share experiences with us or other users.

Copying, Downloading, & Sharing

You understand and agree that the Content on the Sites is subject to copyright laws in the US and internationally. You may only copy or download content or information on the Sites that is expressly provided for that purpose. You understand and agree that we, in our sole discretion can decide which content you may download, copy, and/or share and that you will abide by our decisions and policies with regard to our content. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Sites and/or to the products or services.

If a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you can download it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.

Prohibited Uses

Except as expressly provided, no commercial uses are allowed of the Site(s) or any of the Content without written permission. You agree to respect our intellectual property rights and understand that you may not download or copy ANY of our Content in ANY area of the Sites, except where permission to do so expressly provided.

You may not download or copy our information yourself and you may not employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, or copy the Sites or any portion thereof, or any Content. You may not reproduce the Sites or portions thereof in any way, nor ‘mirror’ the sites at a separate location or server.

You also expressly agree not to attempt to reverse engineer, replicate, or circumvent any software, product, or service feature of the Sites. You also agree not to attempt to divert traffic from the Sites by use of a confusingly similar domain name. You agree not to gain unauthorized access of any kind to the Sites via hacking, password guessing, backdoors, code injection, or any other means.

C. Intellectual Property

All Content (including text, graphics, video, video scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement on the Sites is owned or controlled by, or under license to Boyer Coffy, LLC, and is protected by US and international copyright, trademark, trade dress, and various other applicable intellectual property rights.

Trademarks

Boyer Coffy, LLC and other trademarks and service marks referenced herein are trademarks and/or service marks of Boyer Coffy, LLC. Boyer Coffy, LLC’s marks (whether or not registered) may not be used for any reason(s) without written permission, regardless of purpose or intent.

Product Improvements/Feedback

We accept all unsolicited ideas, suggestions, and feedback solely on an unrestricted basis, meaning that we are not limited in how we utilize, implement, or commercialize the ideas, suggestions, or feedback. Unless we have agreed otherwise in writing prior to your submission, you understand that we own all rights to any improvement(s) or new product(s) we make, whether or not they incorporate your feedback.

D. External Links, Affiliate Relationships, and Marketplaces

1. Third Party Sites

Where such websites are third party owned and operated, they are not prepared by, offered by, or controlled by us. We are not responsible in any way for the quality, content, nature, applicability, or reliability of third party sites accessible by hyperlink from the Sites. If you choose to leave our Sites you should be aware that our Terms of Service, Privacy Policy, and other policies no longer apply.

2. Affiliate Offerings

In some cases Boyer Coffy, LLC or its owners may have an affiliate relationship with a third party site or service provider mentioned on the Sites, and may be compensated if you visit and/or purchase a product or service from the affiliated site. However, we will never endorse or recommend any product or service we do not believe in, that is not of good quality, or which we do not think can provide benefits for you.

3. User-Driven Marketplaces

The products and services in a hosted Marketplace are not created by, offered by, endorsed by or controlled by Boyer Coffy, LLC. If you choose to purchase, register, download or to engage with any products, services, or provider, you do so at your own risk. Use of any branded images, titles, names or logos associated with Boyer Coffy, LLC for any purpose is strictly forbidden in the hosted Marketplace.

E. Information You Provide To Us Must Be Truthful

When enrolling in, subscribing to, or purchasing any service, option, or product through the Sites, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to us is registered to you and/or your use of such information is with permission.

F. Service and/or Product Descriptions

Boyer Coffy, LLC attempts to be as accurate as possible in its descriptions including descriptions of services, options, and products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free.

G. SMS Terms and Conditions (A2P Compliant)

Boyer Coffy, LLC operates a mobile messaging program to communicate with registered users. By opting into our messaging program (including via web forms, checkout screens, or online scheduling portals), you agree to receive transactional, operational, and promotional text messages from Boyer Coffy, LLC to the mobile number you provided.

* Message Types: Messages may include account alerts, appointment reminders, service updates, scheduling notifications, and promotional marketing offers.

* Delivery Method: Messages may be sent via automated dialing systems or manual platforms.

* Consent: Consent to receive text messages is not a condition of purchase or required to receive services.

* Frequency: Message frequency may vary depending on user interactions.

* Rates: Message and data rates may apply from your wireless provider.

* Opt-Out: To stop receiving messages, reply STOP to any text message you receive. You may also contact our support team at [email protected] to request removal.

* Assistance: Reply HELP to any text message for assistance, or contact customer support directly.

* Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages.

H. Disclaimer of Warranties

The Sites, and the Content, including any information, data, case studies, and personal experiences shared are all provided on an "AS IS," and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Content on the Sites. There are NO other warranties or guarantees made related to the use of the Sites or the Content, or for any products or services offered through the Sites. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

I. Limitation of Liability

You understand and agree that we are not and will not be responsible for any loss or damage that you might incur as a result of using the Sites, whether it results from an act or an omission by us or any other party, including another user.

You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if we knew or were advised of the possibility of such damages. In all cases, our total liability shall be limited to liquidated damages of no more than (i) the amount you spent on any product or service offered through the Sites in the last calendar year, or (ii) $50.00, whichever is greater.

J. Indemnification & Accountability

You agree to only post information or comments on the Sites or in associated member groups that you own or have proper rights to publish. You agree to indemnify and hold harmless Boyer Coffy, LLC and its subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of and/or relating to your use of the Sites, the products or services, your violation of our Terms of Service, and/or your violation of any rights of a third party.

K. Jurisdiction and Binding Arbitration

These Terms, as well as the Privacy Policy for the Sites, shall be governed by and construed in accordance with the laws of NJ, US, without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of NJ, US for any and all disputes arising out of or relating to the Privacy Policy, Terms of Service, and/or the Sites.

These Terms and the Privacy Policy constitute written agreements between you and Boyer Coffy, LLC with respect to the Sites, your access, and your conduct. The Terms and our Privacy Policy as published on the Sites supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Sites. Any disputes arising out of these terms shall be settled through binding arbitration in accordance with local jurisdictional regulations.