Terms and Conditions

Last Modified: March 11, 2023

 

These Terms of Service (the “Terms”) are between Jolly Esquire PLLC , service providers for B.P.C Membership, (the “Firm” or “B.P.C. Membership” or "Jolly Esquire PLLC"), a law firm licensed in the State of Florida and you (“You” or “you” or “member”). Your agreement to these Terms of Service and the Privacy Policy is necessary if you wish to participate in The B.P.C. Membership (the “Membership”).

 

Note for Non-Florida Residents

Although anyone can join the BPC Membership program, it works best for people in the State of Florida where the law firm is headquartered and licensed to practice law. For our members in other states. the B.P.C. Membership will only be able to provide legal advice regarding copyrights, trademarks, and other issues involving federal law. 

 

Acceptance of These Terms

By being a member of the B.P.C. Membership, you accept the Terms. If you do not accept the Terms, please cancel your account.

Changes to These Terms

From time to time, Jolly Esquire PLLC  may modify these Terms. If such a modification is made, Jolly Esquire PLLC   will notify you by email. Any changes to these Terms will only apply after the date of any such change.

Attorney-Client Relationship

By joining the B.P.C. Membership, you will have an attorney-client relationship with Jolly Esquire PLLC. An attorney-client relationship will not be formed until you have made payment. If you terminate your membership, the attorney-client relationship will end.

Confidentiality

Jolly Esquire PLLC  has an ethical obligation to keep your information confidential. Unless you give your express, written permission, your attorney will only communicate with you directly about your legal matters.

Eligibility

To be eligible for The B.P.C. Membership, you must be at least 18 years of age. Jolly Esquire PLLC  has the right to reject anyone for any reason, or for no reason at all. If you have a conflict of interest with a current client (as solely determined by Jolly Esquire PLLC ), you will not be able to join The B.P.C. Membership.

Cookies

We use session cookies to ensure that you have access to the information in the B.P.C. Membership. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from BPCMembership.com, you may not be able to take full advantage of its features or receive some of the services the B.P.C. Membership provides.

Membership Services

An attorney-client relationship with prospective clients is established only after an attorney of Jolly Esquire has expressly communicated the ability to accept representation of your matter. Jolly Esquire PLLC may decline to provide legal service if a conflict of interest is discovered. The scope of legal services to be performed by Jolly Esquire PLLC is as listed below.

  • UNLIMITED WRITTEN COMMUNICATIONS. Unlimited written communications (email, or messages) with your attorney on legal matters. 
  • MONTHLY ONE-ON-ONE. One scheduled, 30-minute meeting each month with your business attorney. Members can easily schedule their monthly meetings in the membership portal. If members want to purchase additional meetings during the month, those meetings are billed hourly at the Firm’s prevailing rate. Meetings must be scheduled at least 1 business day in advance.
  • DOCUMENT TEMPLATES. Attorney drafted templates that consist of contracts, agreements, notices, and letters.
  • DOCUMENT REVIEWS. Up to 10 pages of document review each month.
  • FAQS & TRAININGS. Access to a knowledge base full of videos, legal guides, and other media. As a condition of your membership, you agree to not share or distribute this content and to only use it for your own purposes.
  • LEGAL PROTECTION PLAN. A customized legal protection plan based on an annual comprehensive audit of your business. The plan is designed to provide a clear legal path to protect your business while you reach your goals.
  • DISCOUNT ON OTHER LEGAL SERVICES.

Non-Member Services, Additional Fees & Costs. 

You understand and acknowledge that any additional services are not covered under this Membership and are subject to a new legal services agreement with a new fee. Any service not listed in the Section Above is not part of the member services. 

Additional compensation will be sought and You will be responsible for payment of the service prior to completion of the service. Compensation for additional services is based on a predetermined flat fee rate or  billed by the hour for the time our staff devotes to the services. If billed by the hour, services shall be rendered to members at the Firm’s prevailing rates. If services are billed by the hour, you agree to pay for any agreed-upon services when invoiced. You also agree to pay for any agreed-upon expenses or fees incurred on your behalf.

You have been informed and You understand that in the event that Additional Services become necessary and it is impossible to determine the total amount to be paid for the service. You agree to pay for the services when invoiced. You also agree to pay for any agreed-upon expenses or fees incurred on your behalf.

You realize that the rates may change from time to time and that You will be notified in writing of any change. At that time You will have the option to agree to the change by taking no action or to retain another attorney. 

Services After Termination: 

After termination of your B.P.C. Membership, either by you or by Jolly Esquire PLLC, you will not be able to access the corresponding B.P.C. Membership offerings; provided, however, that any access rights to a B.P.C. Membership granted you through a separate channel (e.g., through another B.P.C. Membership) will remain in full force and effect unless and until separately terminated or canceled.

No Guarantee, Warranty, or Liability

Jolly Esquire PLLC  provides no guarantee as to the results of any action or action taken on your behalf. All legal advice is provided strictly in an advisory capacity.

The information presented in The B.P.C Membership is provided “as is” and “as available,” without representation or warranty of any kind. Jolly Esquire PLLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Jolly Esquire PLLC is not liable to you or others, in any way or for any damages of any kind, arising from the use of The B.P.C Membership website, including, but not limited to, liability or damage caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office

Flat Fee Billing

A flat rate is an agreed-upon rate to cover the costs of handling a specific legal matter.  A flat fee is always based on certain specific assumptions. If those assumptions are incorrect, changed, or modified, then the firm may revert to an hourly rate. If Jolly Esquire PLLC  cannot provide competent professional services as requested and needed under a flat fee arrangement, you will be notified in writing.

Refund Policy: 

ALL PAYMENTS MADE BY YOU ARE CONSIDERED EARNED BY US AT THE TIME OF PAYMENT AND ARE NON-REFUNDABLE!

Membership Fee

The B.P.C. Membership fee shall be a retainer and deemed earned when received. The purpose of the fee is to secure your attorney’s availability over the period covered by the fee. You will be charged automatically each month until you cancel.

Notice of Automatic Renewal. 

If applicable, we will send a reminder email to the email address of record for your account approximately three(3) days before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of Jolly Esquire PLLC  to send the email does not create any liability on the part of Jolly Esquire PLLC or any third-party service provider.

Renewal 

The Initial Term shall renew automatically each term, if not specifically terminated. Such renewal or month-to-month arrangement shall be on the same terms

Refunds; Cancellation

You may cancel your account for any reason, at any time. The easiest way is to log in to your account and cancel. Or, you can email client@bpcmembership.com and we will cancel for you. Refunds are given solely at the discretion of Jolly Esquire PLLC. Jolly Esquire PLLC  also has the right to cancel your account at any time, for any reason. If your payment cannot be processed, Jolly Esquire PLLC  retains the right to immediately cancel your account.

Links and Email Addresses

Links posted on this website to other websites are provided only as a convenience to our clients. We assume no responsibility for the content, security, or reliability of any websites to which we have posted links.

Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.

Non-Exclusive Limited License; Intellectual Property.  

You will have a non-exclusive limited license. This non-exclusive limited license gives you the right to use the information given to you as a BPC Member, for as long as you are a B.P.C. Member. The information given to you by Jolly Esquire PLLC  is for the sole purpose of providing legal services to the above-named company.  The information provided for use in the B.P.C. Membership shall consist of videos, advice, and all other materials (“Intellectual Property”). It is understood that You do not have any rights to the intellectual property of Jolly Esquire PLLC  unless expressly stated otherwise in the Terms of Service.

Unless otherwise indicated, all The B.P.C Membership materials, including, without limitation, the Jolly Esquire logo, the B.P.C Membership logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” are the proprietary trademarked and copyrighted property of Jolly Esquire. You may electronically copy and print to hard copy portions of The B.P.C Membership for the sole purpose of using materials it contains for informational and non-commercial, personal use only. All reproduced material requires Jolly Esquire copyright notice in the form of “© 2010-2021 Jolly Esquire All Rights Reserved” to be displayed on the relevant page(s). Any other use of the materials in The B.P.C Membership – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Jolly Esquire is strictly prohibited.

Registered Members. 

During the registration process for the B.P.C. Membership, we will ask you to create an account, which includes a sign-in email (“Sign-In Email”), a password (“Password”), and a Company Name (“Company Name”).  When creating Your account, You must provide true, accurate, current, and complete information.  Each Sign-In Email and corresponding Password can be used only by You for the Company You have named above.  Sharing Your access credentials with others or using your credentials to access our proprietary Content for commercial use for companies other than the one named above, is a material breach of the Terms of Service. You are solely responsible for the confidentially and use of Your Sign-In Email and Password, as well as for any use, misuse or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In ivia Email or change any Unique Identifiers. We reserve the right to delete or change your Password, Sign-In Email, or Unique Identifier at any time and for any reason and shall have no liability to You for any loss or damage caused by such action.

Work Product. 

The writings, notes, memoranda, reports of conversations, research, and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege.

Assignment

The rights and obligations created for you under this agreement may not be assigned to any other party.

Subcontractors 

Jolly Esquire PLLC  may hire or engage one or more subcontractors to perform any or all of its obligations under the Terms of Service; provided, however, that (i) Jolly Esquire PLLC  shall use the same degree of care in selecting any such subcontractor as it would if such contractor was being retained to provide similar services to Jolly Esquire PLLC  and (ii)Jolly Esquire PLLC  shall in all cases remain primarily responsible for all of its obligations under the Terms of Service with respect to the scope of the Services, the standard for services as set forth above and the content of the Services provided to the You.

Licensing Status

The attorney is licensed within Florida. BPCMembership.com is not intended as advertising or solicitation in any jurisdiction where the site would be so characterized and fails to comply with all applicable laws and ethical rules of that jurisdiction. Jolly Esquire does not seek to represent anyone based solely upon a visit to BPCMembership.com or upon advertising, or where to do so would not comply with applicable local laws and rules

Force Majeure

Jolly Esquire and any of its attorneys shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Jolly Esquire.

Severability

If any provision of these Terms is found to be invalid or unenforceable, it shall be removed from the Terms without affecting the remaining provisions.

Attorneys’ Fees. 

If any legal action, arbitration, or other proceeding is brought for the enforcement of these Terms, or because of any alleged dispute, breach, default or misrepresentation in connection with these Terms, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Dispute Resolution and Jurisdiction

If a dispute arises relating to any aspect of these Terms between you and Jolly Esquire PLLC  and if the dispute cannot be settled through negotiation, you agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.

The Terms are governed by and must be interpreted under, Florida law, and any court proceedings relating to the Terms of Service must be instituted in the County of Miami-Dade

Note For Non-Florida Residents: 

Although anyone can join The B.P.C. Membership, it works best for people in the State of Florida, where Jolly Esquire PLLC  is headquartered and licensed to practice law. For members in other states, Jolly Esquire PLLC   will only be able to provide legal advice regarding copyrights, trademarks, and other issues involving federal law.

Entire Agreement

These Terms are the only agreement relating to your participation in The B.P.C. Membership. If you engage Jolly Esquire PLLC  for legal services beyond those provided in The B.P.C. Membership, those services will be governed by a separate engagement letter.

 

License For Purchases

If you purchase a document template on BPCMembership.com or Jolly Esquire PLLC you are granted one revocable, worldwide, non-exclusive license to the product(s) purchased. You are not to give or sell any template(s) to anyone. If you violate this license, you will be charged for the licenses you have given or sold to others and, access to the template will be revoked