CLE Terms & Conditions

This Web site is owned and provided by Lawpods, LLC (“Lawpods”), a North Carolina-based business entity. Lawpods, LLC, may be reached at 9805 Statesville Road, Ste 4008, Charlotte, NC  28269, 704.916.9125, or at Support@mail.lawpods.ladesk.com.

Your use of this Web site is subject to the following terms and conditions.  Your use of this Web site constitutes your acceptance of these terms and conditions and your agreement to be bound by them.  If you do not agree, you may not use this Web site. Please review this Web Site’s Terms, Conditions, and Privacy Policy.  These Terms, Conditions, and Privacy Policy may change at any time without prior notice to you.

Intellectual Property

The trademarks, service marks and logos (including the names, Lawpods, and Lawpods, LLC, and “Lawpods, LLC” logo) used and displayed on this Web site belong to Lawpods or others.  Nothing on this Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Web site, without the prior written permission of the trademark owner.  This Web site is copyrighted.  The material displayed on the Web Site is copy written and may not be copied, distributed, modified, transmitted, reused, re-posted or otherwise displayed for public or commercial purposes without the express written permission of Lawpods for each such use of the material.

We respect the intellectual property rights of others, and we ask that our visitors do the same.  If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify us at: Lawpods, LLC, 9805 Statesville Road, Ste 4008, Charlotte, NC  28269, or at Support@mail.lawpods.ladesk.com.

Disclaimer of Warranties            

Your use of this Web site is at your risk.  THE INFORMATION ON THIS WEB SITE AND ANY MATERIALS OR COMMUNICATIONS SENT TO YOU BY LAWPODS, AS PART OF A PRODUCT OR OTHERWISE, ARE PROVIDED TO YOU “AS IS,” FOR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS. LAWPODS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEB SITE. LAWPODS DOES NOT WARRANT THAT THIS WEB SITE OR THE SERVERS MAKING THIS SITE AVAILABLE ARE VIRUS FREE.  The information contained on this Web site could contain technical inaccuracies or typographical errors, and information may be changed, updated, and/or deleted without notice.  Lawpods may make improvements and/or changes in the products and programs described on this Web site at any time.

Lawpods disclaims any responsibility for harm resulting from the use of Lawpods’s website, materials, podcasts, .wav files, .mp3 files, flash drives, CD sets or any software or content downloaded on Lawpods’s website, Lawpods’s 3-CD sets, Lawpods-affiliated sites, whether or not Lawpods approved, produced, designed, or otherwise disseminated such software, files or content.  Lawpods approval does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. Lawpods expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Lawpods website or any software, files or content you download using through Lawpods. No advice or information, whether oral or written, obtained from Lawpods or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

Limitation of Liability

Lawpods’s total liability to you from all causes of action and under all theories of liability will be limited to $50.00. In no event and under no theory of liability will Lawpods be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not Lawpods has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. It is agreed that Lawpods shall never be liable for any amount for which it has not agreed in writing.  Lawpods shall never be liable for a customer’s time waiting for a seminar, including, but not limited to seminars that are delayed, cancelled, or substituted.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent. 

Event of Force Majeure

In these Terms & Conditions, an Event of Force Majeure refers to an event beyond the control of Lawpods, which prevents or otherwise impedes Lawpods from complying with an obligation, contract, duty, or undertaking.  Examples of Force Majeure include, but are not limited to, natural disasters (such as, but not limited to, hurricanes, fires, explosions, earthquakes, drought, tidal waves and floods); war, acts of terrorism, rebellion, utility outage, contamination by radio-activity, riots, commotion, and/or strikes.  It is agreed that Lawpods shall not be considered in breach of any obligation, contract, duty, or undertaking to the extent that Lawpods’s performance is prevented or otherwise impeded by an Event of Force Majeure.  In the Event of Force Majeure, Lawpods shall not be liable for any resulting or consequential damages, whether expected or unexpected.  At no time, is Lawpods liable to a customer for an amount greater than the total amount of the customer’s registration for the seminar at issue.  Instead, it is agreed that Lawpods shall make its best efforts to fulfill any obligation, contract, duty, or undertaking prevented or otherwise impeded by Event of Force Majeure by providing registered attendees for a live teleconference with the seminar and course materials in an alternative format in the sole discretion of Lawpods, including, but not limited to an on-demand recording, podcast, CD recording, or offering the course at a later time as a live teleconference.  In the Event of Force Majeure, it is agreed that customers for on-demand programs and podcast may access the program for which they are registered at a later time when Lawpods is technologically able to honor an obligation, contract, duty, or undertaking.  The Event of Force Majeure does not alter or otherwise change any existing Terms & Conditions.

Links

This Web site may contain links to other sites.  Lawpods has no control over the information and privacy policies and practices of those Web sites, and is not responsible for their content, collection and use of information, or freedom from error or viruses.  It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving Lawpods’s site.

Services & Products

The information on this Web site is presented only for the promotion of services and products available in the United States and unless otherwise specified.  Lawpods makes no representation or warranty that this Web site is applicable or appropriate for use in any jurisdiction outside of the United States.

Governing Law and Dispute Resolution   

These Terms, Conditions, and Privacy Policy posted at this Web site constitute the entire agreement between you and Lawpods with respect to your use of this Web site.  All disputes relating to any Lawpods product marketed at any time on this Web site and/or arising under the Terms, Conditions, and Privacy Policy, regardless of where they are brought, shall be governed by the laws of the State of North Carolina without regard to any conflict of law provisions.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Web site and any product or service of Lawpods must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You agree to submit any dispute with Lawpods exclusively to a court in Mecklenburg County, North Carolina.  By using this site, you agree that ANY claim brought by you against Lawpods may only be brought in a court in Mecklenburg County North Carolina.  You agree that no court outside of Mecklenburg County, North Carolina shall have jurisdiction of any claim or lawsuit by you against Lawpods.  You agree that if any portion of these Terms, Conditions, and Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the arbitrator or court shall nevertheless give effect to the parties’ intentions expressed therein.  Lawpods is entitled to recover legal fees and all costs incurred by Lawpods in the event that Lawpods files legal suit to recover payment or other monies.  In the event that Lawpods files legal suit to recover payment or other monies, Lawpods is entitled to recover costs, included, but not limited to, chargeback and dispute fees, arbitration fees, bank penalty fees, court filing fees, collection fees, and all legal fees involved in Lawpods’s representation and case preparation.  In the event that you dispute a credit card charge relating to your purchase from Lawpods, you agree that Lawpods may recover at least $1,750.00 from you, your firm, the person registered for the seminar, and/or the person registered to receive either CLE and/or MCLE credit to cover the expense incurred by Lawpods of responding to your dispute.   All other provisions of these Terms, Conditions, and Privacy Policy remain in full force and effect.  Any failure by Lawpods to exercise any rights or to enforce any of the terms of the Terms, Conditions, and Privacy Policy shall not constitute a waiver of such rights or terms. 

Claims May Only Be Brought against Lawpods on An Individual Basis 

You agree and understand that you will only be permitted to pursue claims against Lawpods on an individual basis.  You agree and understand that you will not be able to bring claims against Lawpods, or any of its affiliated entities, agents, directors, employees, owners, and/or officers any class action related to or involving this website andd/or any Lawpods services and/or merchandise.  You also agree that you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Privacy Philosophy

Lawpods believes that electronic privacy is crucial to the ongoing success of the internet as an educational, commercial, and service medium.  This policy summarizes the type of information, including personally identifiable information, that we collect through our Web site and how we might use that information. By using our Web site, you consent to the collection and use of this information by Lawpods.

Collection and Use of Information

For each visitor to our Web site, our Web server automatically recognizes and collects the domain name of your internet provider.  This information may be used to improve the content and usefulness of our Web site and for marketing purposes.

Affiliate Information: We do not sell, share, or rent your contact or personal information to a third party for purposes of marketing.  Please notify us in writing if you do not wish to be marketed to by Lawpods.  Lawpods may also disclose Personally Identifiable Information in response to legal process, such as a court order or subpoena.

Changes and Modifications

Lawpods reserves the right to change or replace these Terms, Conditions, and Privacy Policy at any time.  Please review this page periodically to remain apprised of our current policies and practices.

Cancellation Policy & Refunds

All sales are final.  Any order cancelled in writing more than six business days prior to a live teleconference may receive a 50% credit valid toward a future Lawpods seminar, valid for one year from the date of issuance. credits not used within 365 days of issuance expire.  Credits will only be given in response to requests emailed to Support@mail.lawpods.ladesk.com.  Cancellations or credits may never be taken over the phone or left on a voicemail.  For a teleconference occurring on a Wednesday, for example, the request for a credit must be received by 11:59 PM (Eastern Time) on the Monday of the week prior to the seminar.  Credits are provided at 50% of the portion of the order being cancelled.  For example, a customer who makes a timely request, to the appropriate email address, will receive a $64.50 credit on a registration on which the customer spent $129.00.  Orders may not be cancelled, exchanged, refunded, or modified within six business days or fewer prior to a teleconference.  Refunds are not provided after a registration has been made; instead, a credit toward a future program is provided if the order is cancelled in a timely manner as outlined above in this paragraph.  Refunds will not be given under any circumstance once an attendee has connected to a teleconference, irrespective of the length of time for which the customer chooses to spend on the live teleconference.  Refunds and credits may not be given because a customer chose to dial into a seminar late, hung up before the seminar ended, or for the customer’s technical difficulty. 24/7 On-demand downloadable seminars, recordings, and podcasts may not be refunded, for any reason, once an order has been placed.  Lawpods recommends that attendees participating in teleconferences dial in from a land line and does not recommend the use of mobile or voice-over-internet lines.  Mobile and voice-over-internet lines often drop calls.  Lawpods is not responsible for an individual customer’s technological, internet, or telephonic limitations of any kind.

Payment for Services  

Lawpods provides seminars on a per attendee, license basis.  All participants must register for the program, irrespective of whether the participant seeks and/or claims CLE credit.  Lawpods is owed payment by every attendee to each and every seminar (whether live telephonic, on-demand telephonic, on-demand downloadable, podcast, live in-person, CD format, or in any other media).  Each attendee registered for a live teleconference is entitled to use at most one line or connection to the live teleconference.  In no case may a registered attendee share his or her access number with a non-registered attendee.  Individuals not seeking CLE or MCLE credit must register for their own connections to a live teleconference.  If two or more individuals working at the same firm each wish to participate in the seminar on different lines or connections, all individuals must register for the seminar individually irrespective of whether one or more of the attendees is/are seeking CLE/MCLE credit.  If a customer mistakenly orders the same seminar more than once, the customer is responsible for advising Lawpods, in writing, to Support@mail.lawpods.ladesk.com of the customer’s mistake, within seven (7) days of the registration, to receive a credit toward a future registration.  Only individuals whose names are entered on the seminar registration made through Lawpods may have access to the seminar program. All registered attendees must have their full name listed on the registration made with the CLE Sponsor. Any request to substitute a registered attendee’s name must be made, in writing, to Support@mail.lawpods.ladesk.com, at least forty-eight (48) hours prior to a seminar. Requests not submitted and received at Support@mail.lawpods.ladesk.com at least forty-eight (48) hours prior to a seminar may not be substituted or participate in a seminar.  The customer is responsible to pay any fees that result if the customer disputes a Lawpods credit card charge. Lawpods is entitled to recover legal fees & costs incurred in the investigation resulting from the misconduct of a seminar participant, an individual attempting to participate in a seminar without payment, or for threats made against Lawpods. In the event that you dispute a credit card charge relating to your purchase from Lawpods, you agree that Lawpods may recover at least $1,750.00 to cover administraive costs, attorneys’ fees, and liability exposure relating to credit card disputes, from you, your firm, the person registered for the seminar, and/or the person registered to receive either CLE and/or MCLE credit to cover the expense incurred by Lawpods of responding to your dispute.  You also agree to pay attorney’s fees and court costs incurred by Lawpods to bring legal action for the recovery of monies owed to Lawpods.

Lecturer & Agenda Policy

Lawpods posts the agenda that each of our seminar faculty intend to discuss.  The seminar faculty are generally practicing attorneys, judges, and professors.  A seminar faculty member may deviate from the agenda and topics posted.  Lawpods may not be held liable if a seminar faculty member does not cover any or all of the agenda points or supplements the agenda with additional topics.  Last minute schedule changes may occur and prevent a particular speaker from attending.  The speaker may be substituted by another individual or the speaker may request to have her lecture pre-recorded prior to the live seminar and the lecture aired in combination with the live broadcast.  Portions of a teleconference or the entire teleconference may be pre-reocrded and broadcast during a telephonic seminar.  Lawpods may not be held liable for the substitution of one or more seminar faculty members, if a lecturer opts to pre-record, or in the event that a seminar faculty member is unable to join a given seminar.

Question & Answer Session and Consent for Live Questions To Be Reproduced for Subsequent Use 

All attendees who choose to ask live questions during a live teleconference agree to have their voice and/or likeness heard and reproduced when and if the live teleconference is converted to an on-demand downloadable seminar, podcast, rebroadcast, CD-format, or any other reproduction of the original broadcast.  In addition, attendees agree that their question may be edited, in whole or in part, at the sole discretion of Lawpods.  Lawpods has sole discretion to determine whether questions presented by attendees are appropriate to be asked during the live question and answer session.  Lawpods makes no warranties of any kind that every question asked by every attendee will be posed to the seminar faculty during the live, telephonic seminar.  Lawpods make no warranties of any kind that there will be adequate time for every question of every attendee to be asked of the seminar faculty members during the live, telephonic seminar.  Lawpods may, at its sole discretion, limit the number and/or types of questions that may be asked during the live, telephonic seminars.  Lawpods will make the contact information of seminar faculty available upon request to registered attendees so participants can communicate directly with Lawpods seminar faculty.  Lawpods is not responsible to ensure that the seminar faculty reply, in part or whole to any or all questions posed by attendees during the live, telephonic seminar or in the event that participants opt to communicate directly with seminar faculty following the live, telephonic seminar.  During most telephonic seminars, Lawpods enables participants to ask questions by submitting questions through a live chat window.

Course & Reference Materials 

If indicated on the seminar page, Lawpods provides course and reference materials to accompany many of our seminars.  Some lecturers prefer to utilize and supply exhaustive course & reference materials to accompany their discussion.  Other lecturers prefer not to utilize materials.  Therefore, there may be some seminars for which there are no course materials to accompany each individual lecturer’s discussion.  It is accepted and understood that participants will not rely on or use course materials for legal advice.  It is also understood that attendees understand that some courses may have limited course & reference materials.  At no time may the absence, lack of, or limited amount of course & reference material provide for the cancellation of a seminar.  All course and reference materials are provided by means of a downloadable format, generally in an Adobe PDF version.  Lawpods never mails out course and reference materials in a paper format.  As an environmentally friendly company, Lawpods has replaced wasting paper and sending out written materials with providing attendees with an easy, convenient downloadable version of the materials.  Registered attendees have online access to course materials that are posted approximately 48 hours prior to a live seminar.   This not only enables Lawpods to maintain its commitment to promoting environmentally friendly business practices, but also enables attendees to have immediate and permanent access to course and reference materials. 

Availability of Customer Support

Customer Service & Support is provided exclusively by e-mail.  Questions regarding previous registrations, support, accreditation, CLE credits, cancellations, billing inquiries, and all matters relating to existing registrations may be directed to Support@mail.lawpods.ladesk.com

Views & Reliance Upon Seminar Faculty and Course/Reference Material

The views expressed during Lawpods’s seminars are those of the seminar faculty and do not necessarily reflect the views, opinions, positions, or expressions of Lawpods.  The views of Lawpods’s seminar faculty are not intended to provide legal advice or consultation.  Lawpods’s seminars should not be relied upon as legal advice or consultation.  Lawpods expressly disclaims any and all liability if a seminar faculty member fails to provide a complete, accurate, updated, or revised position or statement of law.  Lawpods may not be held liable for any consequences following reliance upon the lecture, guidance, materials of any seminar faculty member or course & reference material, regardless of the person(s) and/or entity(ies) who prepared the course and/or reference material, and regardless of the qualifications of the seminar faculty member.  

Security of Lawpods’ Web site

Lawpods cares about the safety and security of your transaction(s) at our Web site.  We redirect visitors to a more secure server to transfer and receive certain types of sensitive information, such as credit card information, and take precautions against physical and electronic intrusion to protect against loss, misuse, or alteration of information that we have collected from visitors to our Web site or from correspondence or other documents. Lawpods cannot guarantee the security of information collected through this Web site or stored in its data systems, the accuracy of the information posted on or accessed through this Web site, or that the site is error- and virus-free.