PracticeFull Terms of Service
PURPOSE OF THIS AGREEMENT
Welcome to PracticeFull. We look forward to helping you transform your CPA firm's operations, compress tax season, reduce burnout, and build systematic, scalable practices. This Agreement sets forth your rights and obligations as a PracticeFull client or member. By clicking "I Agree," enrolling in any program, or accessing our services, you indicate that you have read and understood this Agreement and you will be bound by its terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.PRACTICEFULL.COM.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (See Sections 11, 12, 16, 17, 18, and 19). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.practicefull.com (hereafter "Website"), which is owned and maintained by Practicefull LLC ("PracticeFull," "we," "our," "us"), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE ("TERMS") TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND YOUR BUSINESS ("YOU") AND PRACTICEFULL. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY PRACTICEFULL, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
PracticeFull reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.practicefull.com/terms. Use of the Website after such changes constitutes acceptance of such changes. Any new features or services which are added to the current website shall also be subject to the Terms.
Table Of Contents
1. Website Use
2.Website User Conduct and Restrictions - License Terms
3.Our Privacy Policy and Your Personal Information
4.Information You Provide; Registration; Passwords
5.Order Placement and Acceptance
6.Refunds and Cancellation Policy
7.Automatic Enrollment and Payment, and Cancellation
8.Subscription Terms and Automatic Payment
9.Products, Services, and Prices Available on the Website
10.DISCLAIMER - YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY
11.Your Responsibilities in Running Your Business
12.Affiliate Program (If Applicable)
13.Testimonials, Reviews, and Pictures/Videos
14.COMPLIANCE WITH THE LAW
15.DISCLAIMERS OF OTHER WARRANTIES
16.LIMITATIONS OF LIABILITIES
17.DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
18.PracticeFull's Additional Remedies
19.Indemnification
20.Notice and Takedown Procedures; Copyright Agent
21.Third-Party Links
22.Termination
23.No Waiver
24.Governing Law and Venue
25.Force Majeure
26.Assignment
27.Electronic Signature
28.Changes to the Agreement
29.Your Additional Representations and Warranties
30.Severability
31.Entire Agreement
32.Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for CPA firm owners and tax/accounting professionals operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without our express written permission. The PracticeFull trademark and logo are proprietary marks of PracticeFull, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by PracticeFull.
Subject to your continued strict compliance with all Terms, PracticeFull provides you with a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website and access our services. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website or any services provided by PracticeFull, whether alone or in conjunction with other software or hardware, in any unlawful manner or manner harmful to PracticeFull. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website including, but not limited to:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to PracticeFull's reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of PracticeFull or any third party.
B. "SPAMMING" AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed "spamming," or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to PracticeFull's reputation and to the rights of third parties.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
D. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website or service provided by or connected to PracticeFull, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
E. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity or infringing or promoting the infringement of the intellectual property rights of another.
You further agree to conduct yourself and all your business activities in full compliance with all applicable laws.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. PracticeFull reserves the right to modify its Privacy Policy in its reasonable discretion from time to time. Our Privacy Policy is incorporated into this Agreement by reference and can be found at www.practicefull.com/privacy.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS
As a PracticeFull client or member, you may be required to create an account. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your account, to any third party.
You are fully responsible for all transactions with, and information conveyed to, PracticeFull under your account. You agree to immediately notify PracticeFull of any unauthorized use of your password or user name or any other breach of security related to your account. You agree that PracticeFull is not liable, and you will hold PracticeFull harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All programs and services are subject to availability. We will notify you if any program or service is not available, the expected availability date, and may offer you an alternative program or service. If the availability of any program or service is delayed and you do not wish to wait, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit enrollment in our programs to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS AND CANCELLATION POLICY
Refund Policy for Programs and Services: FREE MASTERCLASSES: No refund applicable (free service).
VIP MASTERCLASS UPGRADE ($1 Trial): You may cancel within 30 days to avoid the $47/month recurring charge. To cancel, email [email protected] at least 24 hours before your trial period ends.
MONTHLY MEMBERSHIP ($47/month or $423/year):
You may cancel at any time by emailing [email protected]
Cancellation requires at least 24 hours notice before your next billing date
No refunds for partial months or unused time
Access continues through the end of your current billing period
BUILD & LAUNCH BOOTCAMP ($1,997 or payment plan):
7-day money-back guarantee from date of purchase
To request a refund within 7 days, email [email protected]
After 7 days, no refunds will be issued
For payment plans: remaining payments may be cancelled, but no refund for payments already made
IN-PERSON BOOTCAMP ($4,997 or $5,494 with VIP):
14-day money-back guarantee from date of purchase
To request a refund within 14 days, email [email protected]
After 14 days, no refunds will be issued
Cancellations within 7 days of the event may incur a 50% cancellation fee
PREMIUM SCALE PROGRAM ($50,000):
30-day money-back guarantee from date of purchase
To request a refund within 30 days, email [email protected]
After 30 days, no refunds will be issued
For payment plans: refund only applies to initial deposit if within 30-day window
INNER CIRCLE MASTERMIND ($100,000/year):
60-day money-back guarantee from date of membership start
To request a refund within 60 days, email [email protected]
After 60 days, no refunds will be issued
Annual memberships are non-refundable after 60 days
General Refund Conditions:
All refund requests must be submitted in writing to [email protected]. Refunds will be processed within 10-14 business days of approval. You will receive confirmation via email once your refund has been processed.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you enroll in a program with a trial period, and you do not want to continue after your trial ends, you must contact us at least 24 hours before your trial period ends by submitting a cancellation request to us via email at [email protected]. If you do not contact us at least 24 hours before your trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment will be charged the full monthly membership rate provided at the time of enrollment each month until you cancel. PracticeFull can change the monthly membership rate at any time with prior written notification.
If you wish to cancel your PracticeFull subscription or membership at any time, you must submit a cancellation request to us via email at [email protected]. Monthly and annual subscriptions require at least 24 hours notice of cancellation by email. If you provide such notice less than 24 hours before the first day of your next billing period, your credit card may still be charged. You will not be entitled to prorate your last month's or year's use, nor will you be entitled to any refund for any payments to PracticeFull unless specifically stated in Section 6 above.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A PracticeFull member is responsible for paying all sums due to PracticeFull in connection with their subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the account is set up and payment is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us.
For recurring subscriptions, your account will be charged the subscription fee plus applicable tax for the following period's subscription, together with any other fees (collectively, "Fees"). Failure by the member to use any of the services available through PracticeFull does not relieve the member of their payment obligations under these Terms.
You can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service.
IF YOU HAVE A RECURRING SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT YOUR DESIGNATED PAYMENT DATE AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO PRACTICEFULL, YOU MAY DO SO BY E-MAILING [email protected] AT LEAST 24 HOURS BEFORE YOUR NEXT BILLING DATE.
PracticeFull reserves the right to immediately terminate a member's account and/or service for any unpaid (in whole or part) subscription fees (with or without notice). Termination of service in no way relieves or excuses the member from any obligation to pay outstanding charges or expenses. In the event PracticeFull starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 19 below.
In addition to any Fees, PracticeFull may also charge applicable sales tax or other taxes as required by law.
SECTION 9 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Programs, services, and prices are generally posted, but are subject to change. PracticeFull reserves the right, without notice, to discontinue programs or services or modify specifications and prices on programs and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize PracticeFull to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of PracticeFull services, and unless you terminate your subscription as provided herein, you agree that PracticeFull may charge your credit card for the programs and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.
PracticeFull takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the programs available on the Website. If the correct price of our service is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering services, please note that PracticeFull does not warrant that service descriptions are accurate, complete, current, or error-free. All sales are deemed final except as provided in Section 6 of these Terms.
SECTION 10 – DISCLAIMER - YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY
Every CPA firm is different, employing different strategic approaches, organizational structures, service offerings, and client bases. Therefore, individual results will vary from client to client.
YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR FIRM SIZE, CURRENT SYSTEMS, TEAM CAPABILITY, MARKET POSITION, AND IMPLEMENTATION EFFORT.
PracticeFull does not promise, guarantee, or warrant your business' success, revenue growth, or specific outcomes. You understand and acknowledge that PracticeFull will not at any time provide client leads or referrals to you or your business. Clients who purchase our programs or services will receive consulting, coaching, training, and strategic guidance to improve their business systems and operations. However, we do not guarantee your business' success and based upon many market factors that we cannot control, the strategies and systems we teach may or may not be applicable to your specific situation or produce the results you desire.
We do not make earnings claims, growth claims, return on investment claims, or claims that our programs or services will produce any specific result for your business. You should not purchase our programs or services if that is your expectation. Instead, you should purchase with the understanding that implementing the strategies and systems taught will take time, effort, and resources, and may be applicable in some situations but not others.
Also, we do not offer any tax, accounting, financial, or legal advice beyond general business systems guidance. You should consult your accountant, attorney, or financial advisor for specific professional advice on these topics.
SECTION 11 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing, and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use PracticeFull's programs and services for lawful purposes and that you shall not use such programs or services for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing your professional practice, client relationships, tax compliance, employment law, and all additional laws applicable to your business. You agree to notify PracticeFull if any investigation or lawsuit is threatened or filed against you, whereupon PracticeFull shall have the right to terminate this Agreement without liability. PracticeFull shall have no liability for your violation of any laws.
You are solely and exclusively responsible for all aspects of your business operations, including but not limited to client acquisition, service delivery, team management, financial management, and regulatory compliance. PracticeFull provides business systems consulting and coaching; the implementation and results are your responsibility. You agree to indemnify PracticeFull as set out in Section 19 below in the event that you and/or your business violates any law and a claim is threatened or asserted against PracticeFull as a result.
SECTION 12 – AFFILIATE PROGRAM (IF APPLICABLE)
PracticeFull may offer you an opportunity to become an independent PracticeFull Affiliate ("Affiliate"), wherein you have the opportunity to earn compensation for PracticeFull enrollments that you refer. PracticeFull reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate's efforts.
For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of PracticeFull. Affiliates have no authority to act on behalf of or bind PracticeFull. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. All sections of this Agreement apply to Affiliates.
Affiliates are responsible for following local, state, and federal laws, including but not limited to laws governing endorsements and testimonials, and avoiding making misrepresentations or creating the wrong impression of the programs and services offered by PracticeFull.
SECTION 13 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
PracticeFull is pleased to hear from clients and welcomes your comments regarding our services and programs. PracticeFull may use testimonials and/or reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of marketing activity relating to PracticeFull's services or programs, in printed and online media, as PracticeFull determines in its sole and exclusive discretion.
Testimonials represent the unique experience of the clients submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or programs. As set forth above in Section 10, your business' results will vary depending upon a variety of factors unique to your business and market forces beyond PracticeFull's control.
Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant PracticeFull a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, PracticeFull reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. PracticeFull shall be under no obligation to use any, or any part of, any testimonial or review submitted.
SECTION 14 – COMPLIANCE WITH THE LAW
As a PracticeFull client or member, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)), laws governing testimonials (including the Federal Trade Commission's Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and any similar laws, laws relating to intellectual property, privacy, security, and professional conduct.
You are solely responsible for ensuring your compliance with all applicable laws, rules, regulations, and court orders of any kind applicable to you and your business. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all members of your team comply with such applicable laws at all times.
If you use any messaging software or communication system, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further understand and agree that PracticeFull has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software or services. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR SERVICES.
SECTION 15 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless PracticeFull, its officers, directors, employees, and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against PracticeFull for liability for payments for, damages caused by, or other liability relating to you.
SECTION 16 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL PRACTICEFULL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PROGRAMS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE OR PROGRAM, REGARDLESS OF WHETHER PRACTICEFULL HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.
THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL PRACTICEFULL'S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO PRACTICEFULL FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST PRACTICEFULL OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 17 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS' RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any service or program, these Terms, the Privacy Policy, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof.
The arbitration will be conducted by a single neutral arbitrator in the English language in Pinellas County, Florida, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and PracticeFull agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and PracticeFull expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 18 – PRACTICEFULL'S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to PracticeFull, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of PracticeFull or a third-party, PracticeFull shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Pinellas County, Florida restraining such breach, threatened breach, infringement, or threatened infringement.
Nothing in this Agreement shall be construed as prohibiting PracticeFull from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Pinellas County, Florida for all such claims, and forever waive any challenge to said courts' exclusive jurisdiction or venue.
SECTION 19 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless PracticeFull, its directors, officers, employees, independent contractors, subcontractors, suppliers, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 20 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send PracticeFull a notice requesting that PracticeFull remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send PracticeFull a counter-notice.
Notices and counter-notices should be sent to:
Practicefull LLC
Attention: Legal Department
1230 S. Myrtle Ave Ste 400
Clearwater, FL 33756
Email: [email protected]
For detailed DMCA procedures, please see our DMCA Policy at www.practicefull.com/dmca.
SECTION 21 – THIRD-PARTY LINKS
The Website may contain links to other websites. PracticeFull assumes no responsibility for the content or functionality of any non-PracticeFull website to which we provide a link. Please see our Privacy Policy located at www.practicefull.com/privacy for more details.
SECTION 22 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click "I AGREE," "ENROLL NOW," "REGISTER," "SUBMIT," or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin accessing or using the Website, complete a purchase, select a method of payment, and/or enter payment method information, whichever is earliest.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of PracticeFull or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you.
Sections 10, 11, 15 through 19, and 22 through 31 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with PracticeFull.
Upon termination, you remain responsible for any outstanding payments to PracticeFull.
SECTION 23 – NO WAIVER
No failure or delay on the part of PracticeFull in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by PracticeFull.
SECTION 24 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy or any matter concerning PracticeFull, including your purchase and use or attempted use of any service or program, shall be governed exclusively by the laws of the State of Florida without regard to its conflicts of laws principles.
To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Pinellas County, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' exclusive jurisdiction or venue.
All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 25 – FORCE MAJEURE
PracticeFull will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 26 – ASSIGNMENT
PracticeFull may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without PracticeFull's (or its assigns') express written consent.
SECTION 27 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered electronic communication. When you communicate with PracticeFull through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 28 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at www.practicefull.com/terms. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 29 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any service that you order from the Website.
You further represent that PracticeFull has the right to rely upon all information provided to PracticeFull by you, and PracticeFull may contact you and your business by email, telephone, text message, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by any federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by any governmental agency or industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify PracticeFull of the same within 24 hours. PracticeFull, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by PracticeFull without incurring any obligation or liability to you.
SECTION 30 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 31 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and PracticeFull and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or program, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and PracticeFull.
We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 32 – CONTACTING US
We encourage our clients to contact us with questions or comments about our programs and services. Please feel free to do so by sending an email to [email protected].
If you have any questions or inquiries concerning any of the Terms, you may contact PracticeFull by email at [email protected] or by regular mail at:
Practicefull LLC
1230 S. Myrtle Ave Ste 400
Clearwater, FL 33756
Notices to you may be made by posting a notice (or a link to a notice) on the Website, by email, or by regular mail, at PracticeFull's discretion.