Last amended on December 10, 2015
Please read these terms and conditions of use carefully before using this website, making any purchases within this website, or accessing any programs through this website. Your use of (1) the Piper Larson website, having a “home page” located at http://PiperLarson.com (the “Website”), (2) other services and information provided through the Website (including email systems connected with such Website), and/or (3) services and information provided by any officer, employee, agent, or representative of Piper Larson LLC (“Piper Larson”) is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the “Agreement”), and you hereby signify your assent to these terms and conditions.
1. OWNERSHIP. This Website, each of its parts, and all material provided by Piper Larson is the property of Piper Larson LLC, and/or its various third party affiliates, advertisers, merchants, customers, providers and distributors. None of the content or data found on this Website or other materials provided by Piper Larson may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of Piper Larson and/or its third party affiliates, advertisers, merchants, customers, providers and/or distributors, as applicable. In addition, the trademarks, logos and service marks displayed on this Website or other materials provided by Piper Larson (collectively, the “Trademarks”) are registered or common law Trademarks of Piper Larson or its advertisers, merchants, customers, providers or distributors, or other third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Piper Larson or such other party that may own the Trademarks.
2. USE OF THIS WEBSITE & MATERIALS.
A. The Website and/or other materials and information provided by Piper Larson, including all brochures, e-books, and other written, audio, and video materials provided through or in connection with the Website (collectively, the “Materials”) may include certain information related to personal health, life coaching, weight management, and/or general business topics. By receiving and using such Materials, you agree and acknowledge that none of the Materials should be construed as medical advice, psychological advice, nutritional recommendations, or other business-related advice that would otherwise require particular State licensure. You further agree and acknowledge that you should regularly confer with and seek the approval of, as applicable, your physician, psychologist, nutritionist, or professional business advisor prior to taking any steps or procedures (or utilizing any products) that are mentioned or promoted by the Materials.
B. You hereby agree and acknowledge that you have no expectation whatsoever of the Materials being effective in helping to control your weight, to achieve other health or life benefits, or to achieve certain business outcomes (such as revenue or profit generation), and you agree and acknowledge that such end points can be influenced by a plurality of factors outside of your control (and outside the scope of any Materials provided by Piper Larson). For the avoidance of doubt, and without the limiting the foregoing, you agree and acknowledge that the use and/or purchase of any business consultation services provided by Piper Larson may not yield a desirable outcome, and Piper Larson hereby disclaims any and all express and implied representations or warranties that such services are effective to increase business generation, revenues, or profits.
C. Any unauthorized use of any Materials may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such Materials, including its reproduction, modification, distribution, or republication, without prior written permission of Piper Larson, or other third party if applicable, is strictly prohibited. The use of such Materials on any other website or in any environment of networked computers is strictly prohibited.
D. The Materials may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization.
E. Piper Larson does not accept responsibility for the content, materials, and information published by others in its Website, including comments submitted by third parties through the Website and information published by any of Piper Larson’s third party advertisers, charities, customers, affiliates, providers and distributors, which is accessible through the Website and does not accept responsibility for the violation of any laws resulting from such publication or distribution. In addition, and without limiting the foregoing, Piper Larson reserves the right to remove or modify any user-generated content that is published within the Website.
F. If any user of the Website interferes with others’ use and enjoyment of the services provided by Piper Larson, such user shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. Piper Larson will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Distribution of viruses, worms, Trojan horses and other destructive activities.
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
• Other activities, whether lawful or unlawful, that Piper Larson determines to be harmful to its users, customers, affiliates, operations, service providers or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Website.
G. Unless otherwise expressly authorized by Piper Larson, using this Website and/or the information contain therein to send unsolicited, commercial mass e-mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
H. Although Piper Larson does not review or censor all materials and information which is accessible on the Website or other websites which may be accessed from the Website, if Piper Larson becomes aware that a user of this Website is in violation of this Agreement, Piper Larson reserves the right to suspend or terminate such user’s access to this Website without notice.
I. Piper Larson exerts reasonable efforts to timely respond to Client emails and, in most cases, will respond within 24 hours from receipt of an email, during normal business hours on Monday – Friday. Notwithstanding the foregoing, Piper Larson’s response time may vary depending on current work loads and scheduling.
J. You may use or incorporate a hyperlink to the Website in a third party website, provided that such hyperlink does not falsely suggest that Piper Larson approves, endorses, or is otherwise associated with the third party website, its owner, or any products or services promoted therein. Notwithstanding the foregoing, you may not copy, retransmit, distribute, or publish any portions of the Website or Materials (even if such content is streamed from Piper Larson’s servers) and, for the avoidance of doubt, framing or in-line linking to any such content is strictly prohibited.
3. AGE AND RESPONSIBILITY. You represent and warrant that you are of sufficient legal age to use the Materials, including this Website, and to create binding legal obligations for any liability you may incur as a result of the use thereof. You understand that you are financially responsible for all uses of the Materials, including this Website, by you and those using the same on your behalf.
4. USER INFORMATION.
A. Piper Larson reserves the right to collect, maintain, and use information that your web browser provides to Piper Larson’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser you are using. Piper Larson may use such information in an aggregated form, such as to measure the usefulness and popularity of the Website.
B. Piper Larson reserves the right to use personal information that you voluntarily submit to Piper Larson, including for the purpose of sending e-mail announcements, advertisements, and other promotional material. Piper Larson exerts reasonable efforts to maintain such personal information in confidence. However, in view of the insecure nature of electronic mail and Internet-mediated communications, Piper Larson cannot make any representations, warranties, or guarantees regarding the security of your personal information and, therefore, any provision of your personal information to Piper Larson shall be at your own risk.
C. In the event that you are required to register an account with the Website to access certain information, features, products, or services offered therein, you agree that all information submitted to Piper Larson in connection with such registration process is truthful and accurate. In the event that you are required to enter a specific username and password through the Website, you agree to maintain your username and password in confidence and immediately notify Piper Larson upon any suspected misappropriation of your username and password. You hereby release and hold harmless Piper Larson from any claims or damages resulting from your username and/or password being misappropriated and used by a third party.
5. PRICING/ADVERTISING DISCLAIMER. While efforts have been made to make this Website helpful and accurate, Piper Larson does not warrant the accuracy of information obtained from this Website. Product and service descriptions published in our Website (or in other Materials) are the representations of our advertisers, affiliates, or other third parties. Please note that actual products and services may differ from any picture, slide show, video, or other description contained in this Website (or other Materials). Piper Larson is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and other information relating to products and services offered by Piper Larson or its third party affiliates, providers and distributors are subject to change without notice.
6. EXCLUSION OF WARRANTY. PIPER LARSON AND ITS THIRD PARTY AFFILIATES, PROVIDERS, AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. PIPER LARSON AND ITS THIRD PARTY AFFILIATES, PROVIDERS, AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE OR OTHER MATERIALS, AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
7. LIMITATION OF LIABILITY. PIPER LARSON ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, SLIDE SHOWS, COUPONS, GIFT CARDS OR CERTIFICATES, VIDEO, OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL PIPER LARSON OR ANY THIRD PARTY ADVERTISERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST DATA OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY PIPER LARSON OR ANY THIRD PARTY ADVERTISERS, AFFILIATES, PROVIDERS, AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
8. LINKS & THIRD PARTY WEBSITES.
A. While using this Website, you may choose to link to third party websites that are not affiliated with Piper Larson. Piper Larson is not responsible for the contents of these third party websites, or any subsequent links, and has no control over the contents therein. For this reason, Piper Larson does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of Piper Larson, and Piper Larson does not endorse the contents of such third party websites in any way. Piper Larson is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites, you do so at your own risk.
B. In the event that you access a third party website through this Website, and provide the third party website with any information or purchase a product or service through the third party website, you hereby agree and acknowledge that Piper Larson has no control over the terms and conditions that may apply to such third party site (nor the information, products, or services offered therein). You agree to release and hold harmless Piper Larson from any claims or damages arising from (i) your use of such third party site and/or (ii) your purchase of products or services through such third party sites.
9. SYSTEM AVAILABILITY. Piper Larson makes every effort to maintain 100% system availability, except during scheduled maintenance periods, but cannot guarantee that the system will be available at all times.
10. VIOLATIONS OF THIS AGREEMENT. In the event you violate or attempt to violate any part of this Agreement, Piper Larson reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. Piper Larson also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.
11. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Piper Larson and its parents, subsidiaries, affiliates, officers, directors, employees, representatives and its third party merchants and customers from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees and expenses) arising from your use of the Materials, including this Website, and/or breach of this Agreement, regardless of the nature of the cause of action or claim.
12. RESERVATION OF RIGHTS. Any and all rights not expressly granted to you in this Agreement are hereby reserved by Piper Larson.
13. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Oklahoma, United States of America, without regard to its conflict of laws provisions.
14. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Piper Larson may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates.
15. MODIFICATION. Piper Larson may at any time amend and modify this Agreement and your continued use of the Materials, including this Website, will constitute your acceptance of such amended and modified terms. You may not modify this Agreement.
16. ADDITIONAL TERMS.
A. Additional and/or different terms and conditions may apply to purchases of Piper Larson’s and/or any third party affiliate’s goods and services and other uses of portions of this Website. If applicable, you agree to abide by such other terms and conditions.
B. Piper Larson may, or may not, offer a refund in connection with certain products or services. The warranty and refund terms that apply to a particular product or service, if any, will be communicated to you in connection with the purchase of such product or service. Notwithstanding the foregoing, you hereby agree and acknowledge that Piper Larson may not offer any refund for certain products or services.
C. You hereby agree and acknowledge that Piper Larson may collect and utilize certain truthful information about yourself that you submit to Piper Larson, along with images, video content, audio content, and/or social network content that reflect your personal image and likeness (collectively, “Personal Likeness Materials”). You hereby authorize and irrevocably license Piper Larson, free and clear of any fees or costs, to use, reproduce, distribute, publish, and otherwise exploit your Personal Likeness Materials, for the purpose of communicating, advertising, and promoting the services and product offered by Piper Larson.
17. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
18. TERMINATION. Piper Larson may terminate this Agreement at anytime and for any reason.
19. ENTIRE AGREEMENT. With the exception of any client agreements or other agreements executed between you and Piper Larson, this Agreement constitutes the entire agreement between you and Piper Larson relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.