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Terms of Service and Conditions

The SiebenEdmunds.com Terms Of Service for Sieben Edmunds PLLC Services (“Agreement”) is between SiebenEdmunds.com (“Sieben Edmunds PLLC”) and you, your heirs, agents, successors and assigns (“you”) and is made effective at the time of use of SiebenEdmunds.com. This Agreement sets forth the terms and conditions of your use of SiebenEdmunds.com services (“Services”) and explains Sieben Edmunds PLLC’s obligations to you and your obligations to Sieben Edmunds PLLC in relation to the Services you use and/or purchase.

This Agreement as well as any additional Sieben Edmunds PLLC policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Sieben Edmunds PLLC concerning your use of Sieben Edmunds PLLC’s Services, and supersede and govern all prior proposals, agreements, or other communications. By using or purchasing Sieben Edmunds PLLC’s Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Sieben Edmunds PLLC may establish from time to time, and any agreements that Sieben Edmunds PLLC is currently bound by or will be bound by in the future.

 

1. Modifications: You agree that that Sieben Edmunds PLLC may modify this Agreement and the Services from time to time. You agree to be bound by any changes Sieben Edmunds PLLC may reasonably make to this Agreement. You are responsible for regularly reviewing the Terms of Use. Continued use of Sieben Edmunds PLLC after any such changes constitutes your consent to such changes.

 

2. No Unlawful Conduct or Improper Use: As a condition of Your use of Sieben Edmunds PLLC’s Services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Sieben Edmunds PLLC if, for any reason, Sieben Edmunds PLLC takes corrective action with respect to your improper or illegal use of its Services.

Sieben Edmunds PLLC is under no duty to look at clients’ website or users’ activities to monitor unlawful conduct or improper use. Sieben Edmunds PLLC does not assume any responsibility to review clients’ websites for illegal, improper, or inaccurate content or activity.

 

3. Fees And Payments: As consideration for the Services purchased by you and provided to you by Sieben Edmunds PLLC, you agree to pay Sieben Edmunds PLLC at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. You agree not to conduct any chargeback for Services provided by Sieben Edmunds PLLC. You are responsible to immediately update your billing information when it changes.

 

4. Limitation of Liability: The services are being provided and/or licensed “as is” and Sieben Edmunds PLLC disclaims any and all other warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. without limitation of the foregoing, Sieben Edmunds PLLC expressly does not warrant that the services will meet your requirements or that use of the services will be uninterrupted or error free. in no event shall Sieben Edmunds PLLC be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the services, including an invalid transfer, denial of a transfer, change of account, or other services provided under this agreement, even if Sieben Edmunds PLLC is aware of or has been advised of the possibility of such damage. Sieben Edmunds PLLC disclaims any and all other warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. without limitation of the foregoing, Sieben Edmunds PLLC expressly does not warrant that the services will meet your requirements or that use of the services will be uninterrupted or error free.

 

5. Indemnification: You agree to defend, indemnify and hold harmless Sieben Edmunds PLLC and its contractors, agents, employees, officers, directors, lawyers,  shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to your (including Your agents affiliates, or anyone using your account, Services with Sieben Edmunds PLLC whether or not on your behalf, and whether or not with your permission) use Services you purchased from Sieben Edmunds PLLC or your breach of this Agreement or incorporated agreements and policies. In addition, you agree to indemnify and hold Kevin Sieben Edmunds PLLC harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should Sieben Edmunds PLLC be notified of a pending law suit, or receive notice of the filing of a law suit, Sieben Edmunds PLLC may seek a written confirmation from you concerning your obligation to indemnify Sieben Edmunds PLLC. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that Sieben Edmunds PLLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Sieben Edmunds PLLC of any such claim promptly in writing and to allow Sieben Edmunds PLLC to control the proceedings. You agree to cooperate fully withSieben Edmunds PLLC during such proceedings.  You agree you will not be entitled to a refund of any fees paid to Sieben Edmunds PLLC if, for any reason, Sieben Edmunds PLLC takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if Sieben Edmunds PLLC is notified that a complaint has been filed with a governmental, administrative, or judicial body, regarding an account of yours with Sieben Edmunds PLLC, that Sieben Edmunds PLLC, in its sole discretion, may take whatever action Sieben Edmunds PLLC deems necessary regarding further modification, assignment of, and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

 

6. Governing Law, Venue; Waiver of Trial By Jury: This Agreement shall be deemed entered into in the State of Minnesota. You agree that the laws and judicial decisions of Dakota County, Minnesota, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Dakota County, Minnesota. For the adjudication of disputes concerning the use of any domain name registered with Sieben Edmunds PLLC, you agree to submit to jurisdiction and venue in the Superior Court of Minnesota, County of Dakota, or the U.S. District Court for the District of Minnesota located in Minneapolis, Minnesota.  You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

 

7. Severability: You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

 

8. Third Party Content: Third party content may appear on Sieben Edmunds PLLC or may be accessible via links. Sieben Edmunds PLLC is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content contained in any third party content appearing on Sieben Edmunds PLLC.

 

9. Advertisers: Sieben Edmunds PLLC may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Sieben Edmunds PLLC is accurate and complies with applicable laws. Sieben Edmunds PLLC will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.

 

10. Copyright Notice: Sieben Edmunds PLLC’s text, logos, designs, and everything it creates is copyrighted.

 

Questions? Contact us at kevin@siebenedmunds.com.