Terms of Service | [Attorney/Firm Name]

TERMS OF SERVICE TEMPLATE

FOR BUSINESS SUCCESSION PLANNING COURSEWARE

[ATTORNEY/FIRM NAME]

[WEBSITE URL]

Effective Date: [Date]

Last Updated: [Date]

IMPORTANT NOTICE

Please read these Terms of Service carefully before accessing or using our business succession planning courseware, website, or related services. By accessing or using any part of our services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

These Terms of Service apply only to our business succession planning courseware, lead generation funnel, and consultation booking services. They do not govern any attorney-client relationship or legal representation, which are subject to separate written engagement agreements.

1. SCOPE AND ACCEPTANCE OF TERMS

1.1 Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and [Attorney/Firm Name] regarding your access to and use of our business succession planning courseware, website, and related services. By registering for the course, scheduling a consultation, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Services Covered

These Terms apply specifically to:

  • The Business Succession Planning video course and all associated educational materials
  • Our website and landing pages related to the courseware
  • Consultation booking and scheduling services
  • Email, SMS, and other communications related to the course or consultations
  • Any other services provided through our succession planning funnel

These Terms do not apply to legal representation or attorney-client relationships, which require separate written engagement agreements.

2. EDUCATIONAL CONTENT AND DISCLAIMERS

2.1 Educational Purpose Only

All content provided through the Business Succession Planning courseware, including videos, written materials, emails, presentations, and other resources, is provided solely for general educational and informational purposes. This content is not and shall not be construed as legal advice, tax advice, financial advice, accounting advice, or professional counsel specific to your individual situation.

The information presented in the courseware represents general principles and considerations related to business succession planning. Every business situation is unique, and laws vary significantly by state, jurisdiction, and circumstance. The materials are designed to help you understand common issues and potential strategies, but they cannot and do not replace personalized advice from qualified professionals licensed in your jurisdiction.

2.2 No Attorney-Client Relationship

Access to or use of the courseware, website, or related services does not create an attorney-client relationship between you and [Attorney/Firm Name]. An attorney-client relationship is formed only when:

  • You and the attorney execute a written engagement agreement
  • The attorney explicitly agrees in writing to represent you
  • Any required retainer or initial fees have been paid
  • The attorney has confirmed no conflicts of interest exist

Until all of these conditions are met, no attorney-client relationship exists, and no duty of confidentiality, loyalty, or representation has been established.

2.3 No Guarantee of Results

The courseware may reference case examples, planning strategies, or general outcomes related to business succession planning. These references are provided for educational purposes only and do not constitute guarantees or predictions of results. Every legal matter is unique and depends on specific facts, applicable laws, individual circumstances, and numerous other factors beyond our control. Past results do not predict or guarantee future outcomes.

3. COURSE ACCESS AND LICENSE

3.1 Limited License Grant

Upon successful registration, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Business Succession Planning courseware for your personal educational use only. This license does not convey any ownership rights in the courseware or its contents.

3.2 Restrictions on Use

You may not:

  • Reproduce, duplicate, copy, or redistribute any course materials
  • Modify, alter, or create derivative works from the courseware
  • Share your course access credentials with others
  • Allow unauthorized individuals to access the course through your account
  • Record, screenshot, or capture course videos for redistribution
  • Use course materials for commercial purposes or to train others
  • Sell, rent, lease, or sublicense access to the courseware
  • Remove or obscure any copyright, trademark, or proprietary notices

3.3 Intellectual Property Rights

All content in the courseware, including but not limited to videos, text, graphics, logos, images, audio clips, digital downloads, and software, is the property of [Attorney/Firm Name] or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on the courseware is the exclusive property of [Attorney/Firm Name].

3.4 Term and Termination of Access

Your access to the courseware continues until terminated by either you or [Attorney/Firm Name]. We reserve the right to suspend or terminate your access immediately, without prior notice, for any violation of these Terms or for any other reason we deem appropriate, including but not limited to:

  • Unauthorized sharing of course content
  • Abusive or inappropriate conduct
  • Attempts to circumvent access controls
  • Any activity that interferes with others' use of the courseware

Upon termination, your right to access the courseware ceases immediately, and you must cease all use of the materials.

4. CONSULTATION SCHEDULING AND APPOINTMENTS

4.1 Booking Consultations

The courseware may provide an opportunity to schedule an initial consultation with [Attorney/Firm Name]. By scheduling a consultation, you agree to attend at the scheduled date and time or provide appropriate notice of cancellation or rescheduling.

4.2 Cancellation and Rescheduling

If you need to cancel or reschedule your consultation, you must provide at least 24 hours advance notice using one of the following methods:

  • Using the cancellation link in your appointment confirmation email
  • Contacting our office directly by phone or email
  • Using any other cancellation method provided in your appointment materials

4.3 No-Show Policy

Failure to appear for a scheduled consultation without proper advance notice may result in:

  • A no-show fee as specified by the attorney
  • Inability to schedule future consultations
  • Removal from our contact list and course access

4.4 Consultation Availability and Attorney Discretion

Consultations are subject to attorney availability and acceptance. The attorney reserves the right to cancel, reschedule, or decline consultations at any time for any reason, including but not limited to scheduling conflicts, conflicts of interest, matters outside the attorney's practice area, or professional responsibility considerations. Initial consultations may be offered at no charge at the attorney's discretion, but scheduling a consultation does not obligate the attorney to provide ongoing representation or enter into an attorney-client relationship.

5. USER ACCOUNTS AND REGISTRATION

5.1 Account Creation

To access the courseware, you may need to create an account or provide registration information. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Providing false or misleading information may result in immediate termination of your access.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

5.3 One Account Per Person

You may not create multiple accounts for yourself or allow others to use your account. Each registration is for a single individual user only.

5.4 Data Backup and Storage

For compliance, recordkeeping, and professional responsibility purposes, we automatically back up your contact information and consent records to a secure Google Sheet maintained in our Google Drive account.

How the Backup Works

When you register for the Business Succession Planning course or provide your contact information:

  • Your information is stored in our primary course delivery system (GoHighLevel)
  • A copy is automatically written to a backup Google Sheet that we own and control
  • The backup includes your contact details, consent records, and enrollment information
  • The backup is updated in real-time as you interact with the courseware

Who Controls the Backup

We own and control the backup Google Sheet directly. This means:

  • Our ownership: We own and have full administrative control over the backup data
  • Platform independence: The backup remains accessible to us even if we change courseware platforms or service providers
  • Our retention policies: The backup is subject to our data retention policies and legal obligations as a law firm
  • Direct access: We can access and review the backup at any time for compliance purposes
  • Our security responsibility: We are responsible for securing our Google account and backup data

Why the Backup Exists

We maintain this backup to:

  • Comply with [STATE] state bar advertising and recordkeeping requirements
  • Preserve evidence of your consent to receive email and SMS communications (TCPA/CAN-SPAM compliance)
  • Maintain audit trails required by attorney professional responsibility rules
  • Protect both you and us in case of disputes about consent or communications
  • Ensure continuity of service if the primary courseware platform experiences technical issues
  • Meet legal obligations for document retention (typically 3-7 years depending on state bar rules)
  • Satisfy professional liability insurance documentation requirements

Legal Basis for Backup Retention

We maintain backup records based on:

  • Legal obligation: State bar rules and federal regulations require us to retain certain advertising and consent records
  • Legitimate interests: Protecting our ability to defend against potential claims or regulatory inquiries
  • Professional responsibility: Meeting our ethical obligations as attorneys

Data Deletion Requests

If you request deletion of your personal information:

  • We will delete your data from our primary course platform (GoHighLevel) promptly
  • We may be legally required to retain certain backup records for compliance purposes
  • We will retain only the minimum information necessary to meet legal obligations
  • We will explain what records must be retained and the legal basis for retention
  • We will delete backup records as soon as legal obligations permit

Security

The backup Google Sheet is secured through:

  • Google's enterprise-grade security infrastructure (encryption in transit and at rest, access controls, security monitoring)
  • Our Google account security measures (strong passwords, two-factor authentication, regular security reviews)
  • Limited access permissions (only authorized personnel can view the backup)
  • Regular security audits and access reviews
  • Compliance with our professional responsibility obligations for client data protection

Your Rights Regarding Backup Data

You have the right to:

  • Request access to the backup data we maintain about you
  • Request correction of inaccurate backup information
  • Request deletion of backup data (subject to our legal retention obligations)
  • Receive an explanation of what backup data we retain and why
  • Receive documentation of the legal basis for any required data retention

More Information

For more detailed information about how your data is processed, stored, and protected, please review our Privacy Policy, particularly Section 7 (Third-Party Services) and Section 8 (Data Retention).

If you have questions about the backup system or wish to exercise your privacy rights, contact us:

Email: [EMAIL ADDRESS]
Phone: [PHONE NUMBER]
Address: [STREET ADDRESS], [CITY, STATE ZIP]

6. COMMUNICATIONS AND CONSENT

6.1 Consent to Electronic Communications

By registering for the courseware or scheduling a consultation, you expressly consent to receive communications from us via email, SMS text messages, and phone calls. These communications may include:

  • Course access credentials and login information
  • Educational content related to business succession planning
  • Appointment reminders and confirmation messages
  • Follow-up communications regarding your consultation
  • Administrative notices and updates about the course or services
  • Marketing communications about legal services (where permitted)

6.2 Opting Out of Marketing

You may opt out of marketing communications at any time by:

  • Clicking the unsubscribe link in any marketing email
  • Replying STOP to any marketing text message (see our SMS Terms & Conditions at [SMS TERMS URL] for details)
  • Contacting us directly using the information provided in Section 15

Please note that even if you opt out of marketing communications, we may still send you transactional communications related to your course access, scheduled appointments, or important service updates.

7. CONFIDENTIALITY AND PRIVILEGE

7.1 No Attorney-Client Privilege

IMPORTANT: Until an attorney-client relationship is formally established through a written engagement agreement, communications through the website, course platform, contact forms, email, or text messages are NOT protected by attorney-client privilege and may NOT be treated as confidential.

7.2 Internet Security Limitations

While we implement reasonable security measures to protect information transmitted through our services, you acknowledge and agree that:

  • Internet transmissions are never completely secure or private
  • Email, web forms, and SMS communications may be intercepted
  • Third parties may be able to access your communications
  • Any information you transmit is sent at your own risk

7.3 Do Not Send Confidential Information

DO NOT send sensitive, confidential, or privileged information through our website, course platform, contact forms, email, or text messages until you receive written confirmation that an attorney-client relationship has been established and approved methods of secure communication have been provided.

8. FEES AND PAYMENT

8.1 Course Access

Access to the Business Succession Planning courseware is currently provided at no charge. We reserve the right to implement fees for course access in the future with appropriate notice to users.

8.2 Consultation Fees

Initial consultations may be offered at no charge at the attorney's discretion. Any fees for legal services, extended consultations, or ongoing representation will be discussed during the initial consultation and outlined in a separate written fee agreement or engagement letter.

8.3 Fee Changes

We reserve the right to modify our fee structure at any time. Any changes to fees will be communicated through our website or via email. Continued use of our services after fee changes constitutes acceptance of the new fee structure.

9. THIRD-PARTY SERVICES AND PLATFORMS

9.1 Use of Third-Party Platforms

We use various third-party services and platforms to deliver the courseware and manage communications, including:

  • GoHighLevel for CRM, course delivery, and communications management
  • Facebook/Meta platforms for advertising and lead generation
  • Zoom for video consultations

Your use of these third-party platforms is subject to their respective terms of service and privacy policies. We are not responsible for the practices, policies, or actions of these third-party service providers.

9.2 Third-Party Links

Our website or courseware may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of third-party websites and assume no responsibility for them. Your use of third-party websites is at your own risk.

10. PROHIBITED CONDUCT

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable local, state, national, or international law
  • Infringing on intellectual property rights of [Attorney/Firm Name] or any third party
  • Transmitting any viruses, malware, or other harmful code
  • Attempting to gain unauthorized access to our systems or networks
  • Interfering with or disrupting the services or servers
  • Impersonating another person or entity
  • Harassing, threatening, or intimidating others
  • Using the services for any commercial purpose without authorization
  • Collecting or harvesting any personally identifiable information from the services
  • Using automated systems or software to extract data (scraping)

Violation of any of these prohibited activities may result in immediate termination of your access and may subject you to civil or criminal liability.

11. DISCLAIMER OF WARRANTIES

THE COURSEWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

[ATTORNEY/FIRM NAME] DOES NOT WARRANT THAT:

  • The courseware will meet your specific requirements or expectations
  • The courseware will be uninterrupted, timely, secure, or error-free
  • The information provided through the courseware is accurate, reliable, or complete
  • Any defects or errors will be corrected
  • The courseware is free from viruses or other harmful components

Your use of the courseware and services is at your sole risk. Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [ATTORNEY/FIRM NAME], ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COURSEWARE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE COURSEWARE OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless [Attorney/Firm Name], its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, costs, claims, and liabilities, including reasonable attorneys' fees, arising out of or relating to:

  • Your use or misuse of the courseware or services
  • Your violation of these Terms of Service
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations
  • Any content or information you provide through the services

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

14. MODIFICATIONS TO TERMS AND SERVICES

14.1 Right to Modify Terms

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. If we make material changes to these Terms, we will notify you by posting the new Terms on our website and updating the "Last Updated" date. We may also provide additional notice through email or a notification on the courseware platform.

Your continued use of the courseware or services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the courseware and services.

14.2 Right to Modify or Discontinue Services

We reserve the right to modify, suspend, or discontinue the courseware or any part of the services at any time, with or without notice, for any reason. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the services.

15. CONTACT INFORMATION

If you have questions, concerns, or requests regarding these Terms of Service, please contact us:

[ATTORNEY/FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Email: [EMAIL ADDRESS]

Phone: [PHONE NUMBER]

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions.

16.2 Venue and Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the courseware shall be instituted exclusively in the state or federal courts located in [COUNTY], [STATE]. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue in such courts.

16.3 Waiver of Class Actions

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. MISCELLANEOUS PROVISIONS

17.1 Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and [Attorney/Firm Name] regarding your use of the courseware and services, and supersede all prior agreements and understandings, whether written or oral.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this section shall be void.

17.5 No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

17.6 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, natural disasters, acts of war, terrorism, riots, or acts of government.

IMPORTANT LEGAL NOTICES

Attorney Advertising: This website and the information contained herein are intended for informational and educational purposes only and constitute attorney advertising. They do not constitute legal advice.

No Attorney-Client Relationship: Access to or use of our business succession planning courseware does not create an attorney-client relationship. An attorney-client relationship is established only through a written engagement agreement signed by both parties.

Jurisdictional Limitations: The attorney is licensed to practice law only in [STATE(S)]. If you are located in another jurisdiction, the information provided may not be applicable to your situation.

Prior Results: Any descriptions of results obtained for clients, if mentioned in our course materials, do not guarantee similar outcomes. Every legal matter is unique.

Confidentiality: Do not send confidential information through our website, course platform, or via unsecured communications until an attorney-client relationship has been established.

ATTORNEY CUSTOMIZATION CHECKLIST

DISCLAIMER: This checklist provides practical implementation guidance for using this template. It is not legal advice. Each attorney must review these Terms of Service, determine their appropriateness for their specific practice and jurisdiction, and consult with their professional liability carrier or legal counsel as needed before adopting any terms of service.

Before publishing these Terms of Service, please:

  • ☐   Replace all bracketed placeholders [LIKE THIS] with your specific information
  • ☐   Review all disclaimers and limitations to ensure they comply with your state's professional responsibility rules
  • ☐   Confirm the governing law and jurisdiction provisions are appropriate for your practice
  • ☐   Verify that all third-party service descriptions match your actual usage
  • ☐   Add any additional services, tools, or platforms you use
  • ☐   Consider whether you need to add specific fee provisions or payment terms
  • ☐   Have this reviewed by your professional liability insurance carrier
  • ☐   Consider having this reviewed by legal counsel familiar with your jurisdiction
  • ☐   Ensure the Terms of Service URL is added to all lead forms, course sign-up pages, and consultation booking pages
  • ☐   Add link to Terms of Service in email footers and website footer
  • ☐   Set calendar reminder to review and update these Terms at least annually
  • ☐   Verify backup storage disclosure (Section 5.3) accurately describes your system
  • ☐   Confirm contact information for backup-related inquiries
  • ☐   Test that backup explanation is clear and understandable to non-technical users
  • ☐   Coordinate backup section with Privacy Policy for consistency
  • ☐   Document your process for handling backup data requests (access, correction, deletion)

IMPLEMENTATION NOTES

  • The Terms of Service link should be clearly visible on your course sign-up form and consultation booking page
  • Include a link in the footer of all emails sent through GHL
  • Consider requiring users to check a box acknowledging they have read and agree to the Terms before accessing the course
  • Facebook Lead Ads and other advertising platforms may require a Terms of Service URL
  • Keep records of when users accept the Terms (GHL can track this)
  • If you make material changes to the Terms, consider implementing a notification workflow in GHL to inform existing users
  • Coordinate with your Privacy Policy and Cookie Policy to ensure consistency across all legal documents

Backup Storage Communication (New):

  • Consider adding brief mention in course welcome email: "For legal compliance purposes, your enrollment information is securely backed up to our systems in accordance with state bar requirements."
  • Prepare response template for backup questions: "We maintain backup records to comply with [STATE] attorney advertising rules and federal telecommunications regulations. This protects both you and us."
  • Document your deletion request process: (1) Delete from GoHighLevel immediately, (2) Review backup for legal retention requirements, (3) Delete what's not legally required, (4) Document retention basis for required records, (5) Notify user of outcome
  • Create internal procedure document for handling backup data requests before launch
  • Set up simple tracking system for data requests (who requested, when, what action taken, legal basis for any retention)

--

End of Terms of Service Template