Terms & Conditions | robogletree.com

Terms & Conditions - Legal Disclaimer

You are currently viewing a page of the Robert B. Ogletree PLLC, web site or a related web site (the “Site”) belonging to Robert B. Ogletree PLLC, (“ROBERT B. OGLETREE PLLC”). This Site and any of the services provided by Robert B. Ogletree PLLC in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use.

“Services” under these Terms of Use include services offered to you directly by Robert B. Ogletree PLLC, and additional services available to you from independent third party service providers accessed through navigation from the Site.

Concerning Safety Training through Robert B. Ogletree PLLC or Employer Safety Solutions LLC, you are advised that

the training, videos, online instruction, documents, manuals and forms are not intended to be a guideline for compliance with all pertinent OSHA regulations but rather an overview of safe practices in operations. The training, videos, online instruction, documents, manuals and forms made available through this website are for informational purposes only and are not intended to create any attorney-client relationship between you and Robert B. Ogletree PLLC, and any charges paid by you for the use or viewing of the the training, videos, online instruction, documents, manuals and forms are not considered attorney fees and simply cover the cost of providing those videos, online instruction, documents, manuals and forms to you the user. Though the training, videos, online instruction, documents, manuals and forms are not intended to be inconsistent with OSHA standards, if an area is considered by the reader to be inconsistent, the OSHA standard should be followed.

Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein or presented.

Robert B. Ogletree PLLC and Employer Safety Solutions LLC, cannot and do not assume any responsibility for omissions, errors, misprinting or ambiguity contained. Robert B. Ogletree PLLC and Employer Safety Solutions LLC shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting, or ambiguity present. The training, videos, online instruction, documents, manuals and forms are made available with the understanding that Robert B. Ogletree PLLC and Employer Safety Solutions LLC are not engaged in rendering legal advice or service. If legal advice or other expert service is required, you the user would be required to contact Robert B. Ogletree PLLC and request a consultation and you and Robert B. Ogletree PLLC would have to mutually enter into an attorney-client relationship in writing, or the services of such a professional should be sought elsewhere.

Copyrights/Trademarks/Restrictions on Use

All of the pages and screens on the Site are owned and controlled by Robert B. Ogletree PLLC, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without Robert B. Ogletree PLLC’s prior written consent. Other featured words used on the Site to identify the source of goods and services are trademarks and service marks owned by Robert B. Ogletree PLLC, or owned by third parties. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the Robert B. Ogletree PLLC, trademarks as a link to the Site except pursuant to a written trademark license agreement.

The Site may contain links to Web sites controlled or offered by third parties (non-affiliates of Robert B. Ogletree PLLC). Robert B. Ogletree PLLC, hereby disclaims liability for any other company’s Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Robert B. Ogletree PLLC. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.

Registration Information

You may be invited to register at the Site to help us tailor the Services for your needs and to alert you to other products and services for you. In registering for the Services, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your business may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.

Disclaimer

THE SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER ROBERT B. OGLETREE PLLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. ROBERT B. OGLETREE PLLC, DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT ROBERT B. OGLETREE PLLC, IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROBERT B. OGLETREE PLLC, WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

General

Robert B. Ogletree PLLC, reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

Robert B. Ogletree PLLC, reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms of Use constitute a contract between you and Robert B. Ogletree PLLC, governed by the laws of the State of Illinois, with the exception of its conflicts of laws provisions.

Privacy

We understand the need to safeguard your information and records from unauthorized use and disclosure. Please see the privacy policy applicable to you.

Indemnification

You agree to defend, indemnify and hold harmless Robert B. Ogletree PLLC, Employer Safety Solutions LLC, their affiliates and their respective members, directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable.

ARBITRATION.

THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES AND PRODUCTS OF ROBERT B. OGLETREE PLLC, EMPLOYER SAFETY SOLUTIONS LLC, THEIR ATTORNEYS, MEMBERS, EMPLOYEES, AGENTS AND ANY OF ITS AFFILIATES. DO NOT RETAIN THE SERVICES OF ROBERT B. OGLETREE PLLC, VIEW THE VIDEOS ON THIS WEBSITE, VIEW THE DOCUMENTS ON THIS WEBSITE, PAY TO VIEW ANY TRAINING VIDEO, OR PAY TO DOWNLOAD ANY DOCUMENTS FROM THIS WEBSITE, OR OTHERWISE USE OUR SERVICES OR PRODUCTS IN ANY WAY IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT.

YOU AGREE AND UNDERSTAND THAT YOU WILL HAVE NO OTHER LEGAL REMEDY, EXCEPT SMALL CLAIMS COURT, SHOULD YOU HAVE A CLAIM AGAINST ROBERT B. OGLETREE PLLC, EMPLOYER SAFETY SOLUTIONS LLC, THEIR ATTORNEYS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS AND AFFILIATES (hereafter also collectively referred to as “ROBERT B. OGLETREE PLLC” or “US” or “OUR”). THIS MEANS YOU AGREE TO ARBITRATE "ALL" DISPUTES AND CLAIMS BETWEEN YOU AND ROBERT B. OGLETREE PLLC AND EMPLOYER SAFETY SOLUTIONS LLC AND THAT THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO:

claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a Member of a certified class; and
claims that may arise after the termination of this Agreement.

References to Robert B. Ogletree PLLC and Employer Safety Solutions LLC, our and us includes subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between you and us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Robert B. Ogletree PLLC and Employer Safety Solutions LLC are each waiving the right to a trial by jury or to participate in a class action forever. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

In the event we are found liable for any cost or damage suffered by you, the liability of Robert B. Ogletree PLLC, Employer safety Solutions LLC and their employees, agents, members, officers and affiliates shall be limited to the Legal Fees or purchase price paid associated with the particular agreement in question. The remedies set forth in this paragraph and termination of this Agreement as specified above are your exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the services provided hereunder. To the extent permitted by law, our liability for any claim of any kind relating to this agreement or the services and products provided hereunder shall not exceed the amount paid by you to Robert B. Ogletree PLLC and/or Employer Safety Solutions LLC for our services and products during the preceding twelve (12) months.

IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes.

A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.

You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our law office and give us an opportunity to resolve this dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.

The cost of any arbitration proceeding shall be split between You and Us. You will pay one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.

Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.

The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures).

BECAUSE YOUR REQUEST AND USE OF OUR SERVICES AND PRODUCTS REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING, EXCEPT FOR SMALL CLAIMS COURT. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The rules of the American Arbitration Association shall govern the arbitration and can be at www.adr.org or by calling 1-800-778-7879.

State Laws Vary

Our lawyers are licensed to practice law only within the states of Mississippi but we affiliate or form relationships with lawyers throughout the United States. We may refer prospective clients to other law firms located throughout the country, who form relationships with us, and are experienced in handling such cases. We may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. The Site contains information about general or common rules that apply in some states. The Site may also contain information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.

Clients

Only individuals who have entered into a mutually signed retainer agreement with us are our clients (“Clients”).

Legal and Ethical Requirements

We have tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for the Site, Robert B. Ogletree PLLC designates its office in Jackson, Mississippi (USA), 1640 Lelia Drive, Jackson, MS 39216, and attorney Robert B. Ogletree.

State Advertising Disclosures

Because some material on the Site constitutes lawyer advertising, and the Site may be viewed from anywhere in the United States, particular disclosures are required by the rules of some states. We adopt and make the following disclosures:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missiouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

New Mexico: LAWYER ADVERTISEMENT.

New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Pennsylvania: ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Mississippi, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section herein.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant us an unrestricted, irrevocable, perpetual, transferable, subliscensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to us and grant the licenses as described above; (b) We will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

We take no responsibility and assumes no liability for any Submission.

Arbitration

As set forth herein above, any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in the City of Brandon, Rankin County, Mississippi. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.