Use of the HitTheRoadJack.com website (hereinafter the "Site") is subject to the following terms and conditions. By using the Site you agree to be bound by the terms and conditions presented herein. Should you disagree with any of the terms and conditions presented here, your sole recourse is to discontinue use of the Site.
Overview
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law provides a website where users can read self-help humor articles on relationships, divorce, legal profession best practices and etiquette, and cross-cultural anthropology, obtain information about legal services offered by Priscilla Pelgen, Attorney at Law, and separate educational products, services, and resources when you visit or shop at HitTheRoadJack.com, use Hit the Road, Jack products or services, or use Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law applications for mobile in connection with any of the foregoing.
Please be sure to read these Terms and Conditions carefully before continuing to use and/or access this website, or purchasing, accessing or using any of our Courses, Programs, Products and Services.
1. Introduction
A. Terms of Use Agreement
These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website operated by Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law and located at HitTheRoadJack.com and *.HitTheRoadJack.com (the “Site”), including all subsidiary webpages and optimized versions for wireless devices, and access to the services available thereon, including, without limitation, the services that enable you to create self-help legal documents, purchase, enroll and participate in courses and/or coaching (collectively, “Services”).
This Agreement is legally binding between you, the person using this Site, and Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law. Terms such as “we,” “our” and “us” refer to Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law. The term “user,” “you” and “your” refers to site visitors, customers and any others accessing or using the site. We offer a variety of Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law Services, and sometimes additional terms may apply. When you use a Priscilla Pelgen, Attorney at Law Service (for example, Your Profile, 61 Days to Freedom DIY Divorce Kits, Winning Words course, Third Degree litigation coaching) you are also subject to the guidelines, terms and agreements applicable to that Priscilla Pelgen, Attorney at Law Service ("Service Terms").
If these Terms of Use are inconsistent with the Service Terms, then the Terms herein shall control as to the inconsistencies. When you use a traditional legal service (for example, Mediation, Guardian ad Litem) or a Limited Legal service you will be subject to the rules, procedures, guidelines, terms and agreements applicable to that Priscilla Pelgen, Attorney at Law Service. If these Terms of Use are inconsistent with the Traditional or Limited Legal Service Terms, then the Traditional or Limited Legal Service Terms shall control as to the inconsistencies.
B. Acceptance of Terms
YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO HIT THE ROAD, JACK + PRISCILLA PELGEN, ATTORNEY AT LAW'S PRIVACY POLICY LOCATED AT https://HitTheRoadJack.com/privacy-policy/ (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT; OR (5) COMPLETING ANY CONTACT FORM BY CLICKING A BOX INDICATING YOUR ACCEPTANCE. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Site or Services.
On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You waive any right to receive specific notice of each such change. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.
2. Agreement to Terms and Conditions of the Site + Service
These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law (“we,” “us” or “our”), concerning your access to and use of the https://HitTheRoadJack.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason.
You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions and revised privacy policy by your continued use of the Site after the date such revised terms and conditions are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old and have the requisite power and authority to enter into these terms and conditions. Persons under the age of 18 are not permitted to use or register for the Site.
Information provided on the Site and in the Services is subject to change. Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law disclaims all liability for any inaccuracy, error or incompleteness in the Content.
3. Ability to Enter Into This Agreement
This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent you have the capacity to be bound by it.
You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.
4. Legal Advice
The material on this and our affiliate web sites is for informational purposes and is not legal advice, nor does it necessarily reflect the opinions of Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law or any of its attorneys, and is not guaranteed to be accurate, comprehensive or up to date. Visitors to this website should not act upon any information contained in this website without first seeking the advice of an attorney licensed in their state. The purpose of this website is to give the visitor a general understanding of the law; not to provide specific advice. The information on this website may differ depending on local, state and federal laws and regulations and court cases. This website is not a substitute for legal advice and it should not be relied on for this purpose. No attorney-client or confidential relationship is or will be formed by use of this website. Use of this site, including purchasing courses or digital kits, does not establish an attorney-client relationship and should not be interpreted as legal representation.
5. Attorney Advertising
This site contains attorney advertising as defined under Indiana law. Legal services referenced are provided exclusively by Priscilla Pelgen, Attorney at Law, through a separate engagement process. Hit the Road, Jack™ does not itself provide legal representation. No attorney-client relationship or obligation arises from your use of this Site, by submitting information through the Site, or by calling our office.
The information contained on this Site is for general information purposes only, and is not legal, financial, mental health, or medical advice. If you are in need of legal assistance, you are encouraged to contact an attorney in your geographical area about your situation.
6. Attorney-Client Relationship
Please be aware that sending an e-mail inquiry or web contact form does not create an attorney-client relationship. Priscilla Pelgen, Attorney at Law cannot serve as your counsel in any matter unless you and our firm expressly agree in writing that we serve as your attorney. You should also be aware that the Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) might severely limit the time remaining for you to file any potential claims you may have. If you communicate with us by e-mail or through this Site relating to a matter for which we do not represent you, it is possible that your communication may not be treated as privileged or confidential. If you communicate with us by e-mail or through this Site in connection with a matter for which we already represent you, please remember that Internet e-mail is not secure and you should avoid sending sensitive or confidential Internet e-mail messages unless they are adequately encrypted.
7. Account Creation
In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
8. User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these terms and conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
9. User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
10. Fees and Payment
We accept the following forms of payment:
Visa
Mastercard
You may be required to purchase or pay a fee to access some of our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you agree to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
11. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
12. User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms and conditions and may result in, among other things, termination or suspension of your rights to use the Site.
13. Contribution License
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
14. Submissions
You acknowledge and agree that any questions, comments, concepts, suggestions, ideas, feedback, processes, techniques, or other information regarding the Services, the Site or Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law or its business ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you or other consideration payable to you by Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law, and you do so of your own free will and volition. You hereby assign all rights on a worldwide basis in perpetuity to Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law in any such Submissions and, as applicable waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
15. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
16. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://HitTheRoadJack.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these terms and conditions. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
17. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
18. Term And Termination
These terms and conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms and conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
20. Lawful Purposes
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
21. Order Confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a payment plan with us, the payment plan renews automatically and your credit card will be charged fees stated at the time of purchase. If you have signed up for an online program, class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the program, class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop. If you have submitted a deposit or payment in full for a service, Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
22. Refusal of Service
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law reserves the right to limit the number of participants in any given online course, class, program, or workshop. Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law may at any time change or discontinue any aspect or feature of the Site or Service.
23. Cancellations, Refunds & Returns
Live Courses.
All students are entitled to a refund up to seven (7) days following the start of class.
Digital On-Demand Courses.
All students are entitled to a refund within thirty (30) days of purchase.
Digital Downloads, Guides & Kits.
All sales are final.
24. Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have had enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.
25. Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law from any claim against Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
26. Intellectual Property Rights to Your Materials
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law does not claim ownership of Material you supply to Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law to use and distribute the posted Material in connection with Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law website and any related Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law, you agree to hold Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
27. Our Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these terms and conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
28. Referral Program
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law offers a referral rewards program for its newsletter subscribers. Subscribers may share the newsletter using their unique referral link and earn rewards based on the number of referrals sent.
A referral counts as someone who is (a) Correctly registered in our email marketing database; (b) Clicked on your link immediately prior to subscribing; (c) Has remained a subscriber for at least 7 days; and (d) Is not fraudulent, a variation of your own email address, a dummy email address, or alias addresses.
All accounts will be manually reviewed prior to the release of a reward. If an account has been found to have falsified referrals in any way, used fraudulent or unscrupulous means to create the referrals, or have done anything the company deems to be unethical to create the referrals, we reserve the sole right to withhold the reward.
Winners of items of monetary value, such as luggage, Airbnb credit, or plane tickets, must accept the stated cash value at the time of winning. Upon successful verification, cash value will be transferred within 14 business days.
Winners have thirty days (30) to claim their reward from the date of winning, after which point, the reward will become invalid.
Winners must sign up for a PayPal account to accept the cash value.
Any questions, email getout [at] HitTheRoadJack.com.
29. Changed Terms
We may at any time amend these terms and conditions. Such amendments are effective immediately upon notice to you by us posting the new terms and conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these terms and conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our terms and conditions.
30. Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.
ADDITIONALLY, Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
THE FOREGOING APPLIES EVEN IF Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law, AND IF NO PURCHASE HAS BEEN MADE BY YOU, Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100 USD.
31. Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
32. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
33. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and conditions; (4) any breach of your representations and warranties set forth in these Terms and conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
34. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
35. Waiver
No waiver of any of the provisions of this Agreement by Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law.
36. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law
1509 South Dixon Road, Kokomo, IN 46902
37. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana, United States of America, applicable to agreements made and to be entirely performed within the state of Indiana without regard to its conflict of law principles. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Howard County, Indiana. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
38. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
39. Recovery of Litigation Expenses
40. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
41. Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
42. Severability; Waiver; Miscellaneous
These Terms and conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and conditions shall not operate as a waiver of such right or provision. These Terms and conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any term, provision or part of a provision, covenant, or condition of this Agreement is determined to be unlawful, void, or unenforceable, such term, provision or part of a provision, covenant, or condition will be changed and interpreted to accomplish the objectives of such term, provision or part of a provision, covenant, or condition to the greatest extent possible under applicable law and the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and conditions or use of the Site. You agree that these Terms and conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and conditions and the lack of signing by the parties hereto to execute these Terms and conditions. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
43. Assignment
These Terms and conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
44. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by writing to us at the following address:
Hit the Road, Jack™ + Priscilla Pelgen, Attorney at Law
1509 South Dixon Road, Kokomo, IN 46902