Terms of Service
These Terms of Service and Disclaimer (the “Terms”) govern your use of the Services (as hereinafter defined) provided by Ferd Niemann Brokerage and Consulting, LLC, doing business as The MHP Law Firm (the “MHP Law Fir” or “MHP Lawyer”).
No Substitute for Legal Advice
The MHP Lawyer provides information of general applicability through its podcasts, blog posts, articles, forms, and other content (the “Services”). This information is intended for educational purposes only and does not constitute legal advice.
Every situation is different, and while the MHP Lawyer’s forms and content may be useful in a variety of situations, it is important to consult an attorney with regard to your specific situation. Without meeting with you, virtually or in person, the MHP Lawyer cannot fully understand your situation, verify the legal accuracy of any of our content with regard to your situation, draw legal conclusions, or apply the law to the fact of your case.
It is important that you consult with a licensed attorney for help with specific legal issues. The Services we provide are no substitute for legal advice from a qualified attorney licensed to practice in the appropriate jurisdiction. Further, in some instances it is strategic to include a provision in a template document that out of context is inadequate or improper, which is why we sometimes include supplemental documents to assist with your business decisions (e.g. a site lease may include a waiver of liability against a landlord, as a strategic way to deter litigation, but the ensuing state lease memo may indicate that said provision is likely unenforceable and therefore should not be relied on in litigation – the provision achieves a strategic goal of deterring litigation but does not by its nature actually eliminate the risk of liability).
Your use of our Services does not create an attorney-client relationship between you and the MHP Lawyer, or between any MHP Lawyer employee, agent, or representative. Accordingly, any communications you may send us may not be protected as privileged communications under the attorney-client privilege or work product doctrine.
Engagement of Legal Services
If you wish to engage the MHP Lawyer to advise you regarding a particular situation or the use of the Services in a particular context, please contact us by calling: (833) MHP-LWYR; (833) 647-5997.
In the event that you contact about a formal attorney-client engagement, you will be required to enter into additional agreements with the MHP Lawyer, which will replace these Terms and supersede and control the engagement.
The educational materials provided by the MHP Lawyer may supplement and inform the use of the forms and templates available for purchase as part of the Services. However, they are no substitute for specific legal advice from a licensed attorney, whether you engage the MHP Lawyer for legal services or someone else.
The Services offered by the MHP Lawyer should not be exclusively relied upon for any legal, business, financial, medical, or other significant decisions. We recommend that any use of these Services be supplemented by advice from a qualified legal professional. The use of the Services without consulting an attorney may result in unforeseen consequences for which the MHP Lawyer assumes no responsibility. The MHP Lawyer does not guarantee the currentness of any of the forms or information contained on the platform, and may update, revise, or otherwise change any and all content from time to time without notice.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MHP LAWYER AND ITS ASSOCIATES, AFFILIATES, SUBSIDIARIES, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MHP LAWYER, ITS ASSOCIATES, AFFILIATES, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE MHP LAWYER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MHP LAWYER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO THE MHP LAWYER FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
In consideration of your use of the Services, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold The MHP Lawyer, its partners, associates, affiliates, and their respective officers, employees, directors and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
In consideration of your use of the Services, you agree to indemnify and hold The MHP Lawyer, its partners, associates, affiliates, and its and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
Document Ownership and Preservation
The MHP Lawyer does not claim ownership of any documents you create using our Services. Electronic processing and transmission of the Services may involve transmissions over third party networks and these processes are subject to change with the constantly evolving technological environment. The MHP Lawyer does not maintain a record of documents customers download, and you agree that the MHP Lawyer has no responsibility or liability for your failure to protect or preserve your documents.
No Unlawful or Prohibited Use
The MHP Lawyer’s Services are only offered to individuals located in jurisdictions which allow the use of the Services. You agree that you will not use the Services in any manner that violates your local laws and regulations. By using our Services, you accept sole responsibility to ensure that you or anyone else who accesses our Services on your behalf does not violate any applicable laws in your jurisdiction(s). The MHP Lawyer reserves the right to suspend or terminate your access to the Services immediately and without prior notice at our sole discretion.
The following are specifically prohibited:
You may not access or attempt to access any information or Services you have not purchased or otherwise been intentionally granted by the MHP Lawyer. You may not hack, “scrape” or “crawl” our Services, whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds without express written permission from the MHP Lawyer. You may not resell, or provide with or without charge to other parties (other than employees, partners, and your paid professional adviser) any MHP Lawyer content without prior express written consent from the MHP Lawyer.
The MHP Law Firm retains all right, title and interest in and to its products and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, articles, document templates and all related intellectual property rights.
Except as otherwise provided in the Terms:
The logos, slogans, design, text, graphics and selection and arrangement of our Services and the legal forms, documents, guidance and all other content found on our Service (“Service Content”) are the copyright of Ferd Niemann Brokerage and Consulting, LLC. All rights reserved. “The MHP Lawyer” and “Ferd Niemann Law Firm” are fictitious names duly registered with the State of Missouri, and are unregistered trademarks of Ferd Niemann Brokerage and Consulting, LLC; together with the look and feel of the MHP Lawyer’s platform and content, which is the service mark, trademark, and/or trade dress of the MHP Lawyer, these names and intangible materials are collectively referred to as the “Intellectual Property”. You may not copy, imitate, or use any of the Service Content or Intellectual Property in whole or in part without the MHP Lawyer’s prior written consent. The names of any other companies and products you might encounter on the MHP Lawyer’s platform may be the copyright or trademark of their respective owners. The MHP Lawyer does not grant any license or right to use any of the Service Content or Intellectual Property displayed on the platform. The MHP Lawyer exclusively reserves the right to any goodwill arising from the use of the MHP Lawyer’s Service Content or Intellectual Property.
You are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as the MHP Lawyer intends for them to be used, in its sole discretion. Any violation of these terms shall be grounds for the immediate revocation, termination, or suspension of such license. As a paying customer of the MHP Lawyer’s Services, you are the owner of and are fully authorized to keep, for your own personal records, electronic or physical copies of documents you have created using the Services. The MHP Lawyer shall sustain no duty, obligation, or liability arising from your failure to properly maintain or protect your documents.
When you interact with the MHP Lawyer platform, you may from time to time transmit publicly-facing information, and you hereby grant The MHP Lawyer and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media.
Feedback and suggestions received from the MHP Lawyer’s customers may be used by the MHP Lawyer without obligation or compensation to you. You acknowledge and agree that the MHP Lawyer is authorized to collect and use aggregated or anonymized information from or about you for the purposes of researching, developing, improving and marketing its Services.
Resale or unauthorized copying, use, storage, display or distribution of forms, articles, documents or other materials copied or downloaded from our Service is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express written consent of the MHP Lawyer. Any rights not expressly granted in these Terms are reserved by the MHP Lawyer.
All notices to the MHP Lawyer, including under the U.S. Digital Millennium Copyright Act, shall be sent by certified mail to:
The MHP Lawyer
Attn: General Counsel
7000 NW Prairie View Road, Suite 240
Kansas City, Missouri 64151
Third Party Websites
These Terms are governed by and construed in accordance with the laws of the State of Missouri, not including its conflicts of law provisions.
Dispute Resolution and Arbitration
If you have a concern, please call our Customer Service at 1-833-MHP-LWYR or send us an email at Stephanie@theMHPLawyer.com.
If the MHP Lawyer and you are unable to resolve any dispute informally, as a condition of your use of the Services you agree that any dispute arising out of or related to these Terms shall be settled by arbitration in the State of Missouri in accordance with the rules of the American Arbitration Association. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute. The written decision of the arbitrator(s), as applicable, shall be final and binding. Judgment on a monetary award or enforcement of injunctive or specific performance relief granted by the arbitrator(s) may be entered in any court having jurisdiction over the matter.
Notwithstanding our agreement to arbitrate our disputes as provided above, the MHP Lawyer may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above
If our agreement to arbitrate is unenforceable for any reason, then jurisdiction and venue shall be proper only in the state or federal courts located in Kansas City, Missouri.
Class Action Waiver
You may only resolve disputes with the MHP Lawyer on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are allowed.
These Terms shall be considered the entire agreement between you and the MHP Lawyer. They shall supersede any and all other agreements, and there are no other assurances or conditions in any other instrument, either oral or written, between the you and the MHP Lawyer. These Terms may be modified only by a written agreement signed by the MHP Lawyer’s duly authorized agent. These Terms create no third party beneficiary rights.
If either you or the MHP Lawyer fails to enforce any provision contained within these Terms, it shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms.
In the event any term, condition, or provision of these Terms is deemed or held to be invalid or unenforceable for any reason, those remaining terms, conditions and provisions shall remain valid and enforceable. Should a court of law determine that any term, condition or provision of these Terms is invalid or unenforceable, but that by limiting such term, condition or provision it would become valid and enforceable, then such term, condition and/or provision shall be deemed to be written, construed and enforced as so limited.
The section headings of these Terms are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision in these Terms.
You may not assign any of your rights under these Terms, and any such attempt will be void. The MHP Lawyer may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.