By clicking on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products or services by Sarah Kornblet ("Service Provider"), acting on behalf of Lotus Global LLC (“Company”), and you are entering into a legally binding agreement with the Service Provider, subject to the following terms and conditions:
1. SERVICE TERMS.
a. During the terms of this Agreement, the Service Provider agrees to provide consulting services in the area of business law.
f. Client acknowledges that this Agreement does not form an attorney-client relationship.
b. The hourly retainer package (“Package”) includes three (3) hours to be used over six (6) months and may be renewed at the termination of this Agreement. These hours do not include drafting of new contracts, but include questions, calls to discuss legal questions, and review of documents.
c. Service Provider agrees to respond to inquiries within forty-eight (48) hours unless matter is time sensitive, in which case Service Provider will make all efforts to respond immediately.
d. The Services to be provided under this Agreement shall be performed at the Service Provider’s place of business and communications will be conducted via email or telephone, or upon other means mutually agreed upon by both Parties.
e. Service Provider will track service hours and tasks and communicate with Client regarding hours utilized on a monthly basis until the three (3) hours have been utilized.
2. PAYMENT. Client will pay compensation to Service Provider as outlined on the website. No refunds will be provided.
3. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions or otherwise. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.
Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that this Agreement does not form an attorney-client relationship. At no time will the Company be acting as a personal or business attorney. The documents or services provided are not intended to be a substitute for legal advice. The Company is not responsible for ensuring contracts comply with Client’s specific state law, although every effort to do so will be made. The Client is advised to consult with a local attorney on any questions regarding a specific legal situation in his or her jurisdiction.
5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents, products, ideas, or any other information (“the Material”) specifically created for the Client by the Service Provider as part of this Agreement, the Service Provider maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Service to the Client, nor grant any right or license other than those stated in this Agreement.
6. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Service Provider under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
Although care is taken in preparing products and services, The Company cannot be help responsible for any errors or omissions and The Company accepts no liability for any loss arising from use. If any formal legal documents need to be filed that requires the assistance of an attorney, you agree that Service Provider may seek the assistance of a paid legal service or licensed attorney in your jurisdiction.
7. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its Service Providers.
8. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in St. Louis, Missouri or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, regardless of the conflict of laws or principles thereof.
10. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Service Provider and the Client.