Privacy Policy

PRIVACY POLICY

EFFECTIVE DATE:  MARCH 5, 2023

INTRODUCTION

TALBERT LAW OFFICE, APC (“TLO,” “we,” or “us”) respects and protects the privacy of all who visit WWW.TALBERTLAWOFFICE.COM (“Website”). This Privacy Policy (“Policy”) is an agreement between TLO and you as the user of the website (“you”).

In this Policy, TLO informs you of the types of information we may collect from you or that you may provide when you visit our Website, to include any content, services, functionality, mobile applications, downloadable materials, legal templates or guides, and courses (“the Services”). If you do not agree with our Policy, your choice is to not use our Website. By accessing or using this Website, you agree to this Privacy Policy and the Terms of Use found here. 

USE OF THIS WEBSITE BY PERSONS UNDER 18
TLO intends only persons who are 18 years or older to use this website. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during their visit may be used as indicated in this policy. TLO is committed to protecting the privacy of children and has no intention of collecting personal data from persons under the age of 18. We encourage parents and guardians of persons under 18 to regularly check and monitor their children's use of e-mail and other activities online.

Children Under 13. Our website is intended for use by the general audience and we do not direct any content specifically towards children under the age of 13. If we learn or have reason to suspect a site user is under the age of 13, we will promptly delete any personal information gathered.

EFFECTIVE DATE & CHANGES TO PRIVACY POLICY
This Privacy Policy is effective as of January 3, 2023, and will remain in effect unless they are subject to change. Changes are effective when they are posted to this website. Your continued use of the website after any modifications or updates have been made signify your acknowledgement and agreement to abide by the updated policy. This Privacy Policy only applies to activity and information collected on this website and does not extend to conduct outside of TLO’s control. Nor does the Policy apply to information TLO may collect from you outside of this website.

WHEN WE COLLECT INFORMATION FROM YOU
We collect data and process data when you access our Website, fill out forms on our Website, register, make a purchase, sign up for our newsletter, respond to a survey, comment or post, surf the website, use or view our website via your browser’s cookies.

WHAT TYPE OF INFORMATION WE COLLECT FROM YOU
“Personal information” is information related to your identity and can therefore identify you. 

Voluntary Information: When you visit our Website or use our Services, we may collect certain types of personal and other information from you. This includes your name, email address, mailing address, phone number, credit card information, age, or other information you provide to us. If you do not provide the requested personal information, you may not be able to access or use those features where such information is requested.

Automatic Data Collection: We also collect information automatically through cookies and other tracking technologies such as information about your internet connection, your IP address, traffic and location data, logs, and other information. The information we automatically collect helps us to improve our Website and deliver better service.

Mobile Device Access: If you access this website through a mobile device, then we may collect information about your mobile device whether or not you provide us with any other personal information.

Click Stream Data: When you visit our website, we may also collect "click stream data" such as your server address or domain name. This information will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.

Do Not Track: We are strongly committed to not sharing personal information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's "do not track" signal.

HOW WE COLLECT INFORMATION FROM YOU
We may also use cookies to gather information about your visits to our website and enhance your experience. Cookies are small strings of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options, you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.

HOW WE USE YOUR INFORMATION
We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following three ways:

First, to provide you with the relevant products or services.
 
Second, to e-mail you information or materials about products, services, offers, and news we think might interest you. This information may relate to products, services, offers, and news of TLO or its licensees or selected commercial partners. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, please email us at support@talbertlawoffice.com.
 
Third, to analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features, and promotions that you are most interested in.

PROTECTION OF PERSONAL & GENERAL INFORMATION
In order to protect both the personal information and the general information that we receive from you through our website, we have implemented various security measures, including use of a third party payment gateway to complete transactions.

Please keep in mind, however, that whenever you give out personal information online, there is a risk that third parties may intercept and use that information. While TLO strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.
 
SHARING INFORMATION WITH THIRD PARTIES

Website Operator
: This website is managed and controlled by TLO located at 8690 Aero Drive, Suite 115, #4038, San Diego, CA 92123.

Disclosure to 3rd Parties: We do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, "service partners"). Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Our service providers consist of the following:
FloDesk to collect names and emails, and administer email marketing.
Zoom to collect names and emails for appointment setting and event registration and access.
Zapier to assist in the collection and transfer of personal information to third parties listed herein.
AcuityScheduling to collect names and emails for client and consultation booking and scheduling.
Squarespace to administer website services.
HelloSign to collect names and emails for automated contract signing and notifications.
Lawpay to collect client payment information.
Stripe to collect client payment information. 
Dubsado to manage client and business relations and services.
 
Required Disclosures. TLO will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information on receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement, to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

Links to 3rd Parties. From time to time we may insert links to third parties on this website including links from partners that may use TLO’s logo, name or other identifying features as part of a co-branding agreement. This Privacy Policy does not extend to third party websites. The sites those links can take you to have their own separate privacy policies and, although we seek to protect the integrity of our site, TLO is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.
 
YOUR RIGHTS UNDER THE CCPA
The California Consumer Privacy Act (CCPA) gives consumers like you more control over the personal information that businesses collect about them. As a consumer, you have the right to:

- Know what personal information is collected about you;
- Know what personal information we sell or disclose to third parties;
- Opt out of the sale of your personal information. TLO does not sell personal information as defined by the CCPA; 
- Request we delete the personal information we have collected about you, subject to exemptions and exceptions by the law. You may submit a request for deletion by emailing us at support@talbertlawoffice.com; and
- Not be discriminated against after exercising your rights under the CCPA.
 
YOUR RIGHTS UNDER THE GDPR
The General Data Protection Regulation (GDPR) provides protection for residents across the European Union (EU). The GDPR applies to EU residents who visit our website. Under the GDPR, you have the right to:

- Know how and why your information will be collected before it’s collected;
- Know how and why your information will be collected after it’s collected;
- Have your information corrected if it is not complete or inaccurate;
- Have your information permanently deleted;
- Prevent your information from being processed or used;
- Move, copy, or transfer personal information from one data controller to another, in a safe and secure way, in a commonly used and machine-readable format. This also includes the right to have the data transferred directly from one controller to another without the data subject having to handle the data, where technically possible;
- Object to having your data processed by third parties without your consent;
- Prevent your information from being included in direct marketing databases; and
- You have the right to demand human intervention rather than allowing the algorithm to make decisions about your personal information.
 
DELETING OR MODIFYING PERSONAL INFORMATION
Subject to statutory exclusions, you have the right to request that we delete the personal information that we have collected about you. You may submit a request for deletion by emailing us at support@talbertlawoffice.com. We encourage you promptly to update your contact and personal information when it changes.

​RIGHT TO OPT-OUT
If you have agreed to receive marketing material from TLO and have consented to TLO disclosing your information to third parties for marketing purposes, you have the right to opt-out at any time. If you no longer wish to be contacted for marketing purposes, please email us at support@talbertlawoffice.com.

CONTACT INFORMATION
If you have any questions or comments relating to our website or this Privacy Policy, send an email to support@talbertlawoffice.com.

Terms of Use

EFFECTIVE DATE: MARCH 5, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you hereby consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.

INTRODUCTION
This website is operated by Talbert Law Office, APC, a provider of legal services focused in the areas of business, nonprofit, and intellectual property law. Talbert Law Office has offices located in San Diego, California and Hampton Roads, Virginia. Throughout the site, the terms “TLO”, “we”, “us” and “our” refer to Talbert Law Office, APC. 

PARTIES
The term “you” or “your” refers to any user, purchaser, or visitor of WWW.TALBERTLAWOFFICE.COM (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, legal templates or guides, and courses (“the Services”). By using this website you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with TLO.

ACCEPTANCE OF USE OF TERMS
The following Terms and Conditions (“Terms of Use”) govern your use of and access to the Website and Services. The Terms of Use are legally binding and it is your responsibility to read them before you begin to use the Website or Services. By using and/or visiting this Website you accept and agree to be bound and abide by these Terms of Use and Privacy Policy, which is incorporated herein by reference.

MODIFICATIONS TO THE TERMS OF USE
We reserve the right to update or change the Terms of Use at any time in our sole discretion. All changes are effective immediately once posted to the Website and apply to all access to and use of the Website thereafter. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. The “last modified” date at the top of this page reflects the last date changes were made to the Terms of Use.

PRIVACY
You agree that all information you provide to register with this Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

NO LEGAL ADVICE INTENDED
The materials and information provided on WWW.TALBERTLAWOFFICE.COM is for general purposes only, and should not be taken as legal advice for any individual case or situation. Such information may not reflect the most current legal developments, and may not pertain to the specific facts or circumstances of your case. You should contact an attorney directly for any advice on a specific legal issue.

NO ATTORNEY-CLIENT RELATIONSHIP
There is no attorney-client relationship created by the use of this website, receipt of the information found on it, or through attempts to contact Talbert Law Office, APC or its attorneys. As a matter of policy, TLO does not accept new clients without a signed engagement letter.

CONSULTATIONS
Consultations, paid or free, are for information purposes and to inquire further about legal services. Consultations will not be used to render legal advice but only be used to provide legal information. Legal advice is where you take the law and apply it to a unique person’s facts or situation. Legal information is information available to the general public. Monies paid for a consultation are to secure the time for the consultation and not paid in exchange for legal advice. No attorney-client relationship will be formed unless you sign an engagement agreement for consideration with Talbert Law Office, APC. We reserve the right to refuse booked consultations without explanation. Prices and availability for consultations are subject to change at any time without notice.

LEGAL OR VIP STRATEGY SESSION
Paid legal strategy sessions are facilitated by Maresa Talbert, Esq. who is licensed in the State of California. Any legal advice provided that is NOT within the scope of California law should not be considered legal advice. An attorney client relationship is formed solely within the scope of the matters discussed in the legal strategy session. No ongoing attorney-client relationship will exist at the conclusion of the legal strategy session unless you enter into a separate legal engagement with Talbert Law Office, APC. Prices and availability for legal strategy sessions are subject to change at any time without notice.

NO GUARANTEE OF RESULTS
The results of any particular matter can depend on many factors. As such, information on WWW.TALBERTLAWOFFICE.COM regarding legal services or experience is not intended as a guarantee that similar legal results can be obtained in every matter.

INTELLECTUAL PROPERTY RIGHTS
All content and features on the Website, including but not limited to legal templates, information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by TLO, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The TALBERT LAW OFFICE name, trademarks, logo, and all related names, logos, product and service names, designs and slogans are trademarks of TLO or its licensors. You may not use such trademarks or other intellectual property belonging to TLO without the prior written consent of TALBERT LAW OFFICE, APC.

NO REPRODUCTION
You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, or any template you purchase except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If TLO provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. The legal templates sold on this Website are for personal use. You may not share them or sell them to any third party. 

COPYRIGHT INFRINGEMENT
If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify TLO of your claim at admin@talbertlawoffice.com, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:

A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
D. Your address, telephone number and email address;
E. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, the TLO has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

USER CONTRIBUTIONS
By submitting a comment, photo, video or other materials onto our Website, you agree that we have a perpetual, non-revocable, royalty-free commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.

WEBSITE FOR PERSONAL USE
The Website and Services are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.

WEBSITE MONITORING AND ENFORCEMENT
We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason at our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.

FEES
Fees for the products are set forth on the Website. We reserve the right to change the fees at any time.

REFUND POLICY
Due to the immediate, direct access to the digital templates, we do not offer a refund of any kind. Additionally, if you sign up for a payment plan, we do not allow you to cancel the remaining payments for any reason. Please read the details and description of each program and product so you understand exactly what you are buying. If you have any questions, please contact support@talbertlawoffice.com.

PAYMENT POLICY
You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with any Service that is provided for a fee, are correct and that you are authorized to use such payment instruments. With regard to any payment plan, you agree to pay TLO the amount specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize TLO to bill your payment instrument in accordance with the terms of the applicable payment plan. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. You agree that you will request a refund prior to requesting a chargeback with your financial institution. In the event you attempt to acquire a chargeback, you will forfeit access to products and services from and by the TLO. We may present proof of your consent to these Terms of Use and your access to the products and services to the financial institution.

ASSUMPTION OF RISK
By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.

INDEMNITY AND RELEASE
You agree to indemnify, defend and hold harmless TLO, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of the Website, including but not limited to your User Content, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any of the information obtained from the Website and Services.

LIMITATION ON LIABILITY
You understand and agree that, to the maximum extent permitted by applicable law, the TLO will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

DISCLAIMER
Talbertlawoffice.com is owned by Talbert Law Office, APC. However, the information on this site, and any template you purchase, is for general informational purposes only and is not legal advice. Information on this website may not constitute the most up-to-date legal or other information. No attorney-client relationship is formed by viewing the website or by purchasing or viewing a template. If you need any legal advice, you should contact a licensed attorney in your state. no reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

THIS WEBSITE IS CONSIDERED ATTORNEY ADVERTISING.

SEVERABILITY
If any portion of this Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

ENTIRE AGREEMENT
This Agreement constitutes the final, exclusive agreement between you and TLO regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and TLO regarding the Website are expressly merged into and superseded by this Agreement.

CONTACT
This Website is operated by Talbert Law Office, APC, 8690 Aero Drive, Suite 115, #4038, San Diego, CA 92123. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: SUPPORT@TALBERTLAWOFFICE.COM.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Diego, California. California law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the parties’ sole remedy in the event of a dispute between you and TLO. The parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.

ATTORNEYS FEES
If you are found liable in any action or proceeding arising out of your use of the website, you shall be responsible for attorneys fees incurred by Talbert Law Office, APC and its directors, officers, employees, agents, or other representatives.

WAIVER
If we fail to enforce any provision or exercise any rights within these Terms, that failure shall not be construed as a waiver of those or any rights or provisions in these Terms.

Disclaimer

Talbertlawoffice.com is owned by Talbert Law Office, APC. However, the information on this site, and any template you purchase, is for general informational purposes only and is not legal advice. Information on this website may not constitute the most up-to-date legal or other information. No attorney-client relationship is formed by viewing the website or by purchasing or viewing a template. If you need any legal advice, you should contact a licensed attorney in your state. no reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

THIS WEBSITE IS CONSIDERED ATTORNEY ADVERTISING.

Frequently Asked Questions (FAQs)

(1) DO I NEED A CONTRACT?
Of course you do! Contracts are the one of the most important ways to legally protect your business. Contracts make sure you get paid for your products or services, set clear expectations for your clients, protect you from liability, and secure your intellectual property interests.


(2) CAN I SHARE MY TEMPLATES FOR OTHER PEOPLE TO USE?

No. As you’ll see in our Terms of Use, contract templates are for your individual/business use only. You cannot share them with friends/family, etc. for their own individual/business needs.


(3) WHAT HAPPENS IF THERE IS A NEW LAW AND THE CONTRACTS GET UPDATED?

All of our contracts come with lifetime updates. If we update the contract, we will send you the updated version.


(4) I LIVE OUTSIDE OF THE UNITED STATES, CAN I USE YOUR TEMPLATES?

No. Our templates are not designed to be used for individuals/businesses based outside of the United States.


(5) WHAT IF I HAVE A LEGAL QUESTION?
If you have a legal question, please feel free to schedule a consultation with our office, and we’d be happy to help you or refer you to a licensed attorney who can assist you.


(6) HOW ARE THE TEMPLATES DELIVERED?
Your template will be delivered to you via e-mail in both PDF and Word format, along with a detailed user guide with instructions on how to fill in your template. The User Guide will include a glossary of legal terms used in the contract so that you can understand the contract terms and be able to explain them to clients. If you have any questions we are available for support at SUPPORT@TALBERTLAWOFFICE.COM.

Support

If you have questions or comments about our website or products, please contact:
SUPPORT@TALBERTLAWOFFICE.COM or visit our CONTACT PAGE!

**Note that if you ask us a question that requires legal advice, we may direct you to schedule a consultation with our office.**