Terms and Conditions
Updated 5 October 2023
Terms and Conditions
Updated 5 October 2023
Legal Disclaimer
This website is operated by Jeff Schick Legal PLLC (“Jeff Schick Legal”). Please note the website is intended to provide general information about Jeff Schick Legal and the services we offer. Please read these Terms of Use carefully before using this Website. By using the website, you agree to be bound by these Terms of Use. Jeff Schick Legal reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the website thereafter will constitute agreement with such modifications.
The content of the website is for general information purposes only for website to learn more about the Firm, its services and the experience of its attorneys. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.
This website and its contents may be considered attorney advertising under the rules of certain jurisdictions.
Prior results do not guarantee a similar outcome.
Jeff Schick may only provide legal advice where he is admitted to practice law, where he is assisted by members of his firm that are admitted in other jurisdictions or where "local counsel" is obtained. Jeff Schick is admitted to practice law in Florida. Other lawyers that are employed by the firm or regularly work with Jeff Schick are admitted to practice in Florida, Virginia, and Washington, D.C. In all other areas of the United States and the world, Jeff Schick can solely provide Business Consultant advice and not legal counsel.
Transmission of the information in the Jeff Schick Legal website is not intended to create, and receipt does not constitute, an attorney-client relationship. Visitors to the website should not rely upon the transmission of an email message to Jeff Schick Legal through this website to create an attorney-client relationship. Internet subscribers and online readers should not act upon any information in this website without first consulting legal counsel of their own directly. The information in this website is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the relevant jurisdiction.
Jeff Schick Legal is unwilling to assume the representation of clients from those states where the marketing material does not comply with State Bar requirements and where the client is generated as a result of that communication. No representation is made or intended that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. In situations in which our fees are contingent or partially contingent on the outcome of the case or transaction, the client is obligated for payment of court costs and expenses regardless of outcome. Unless otherwise specified, the attorneys listed in this website are admitted to practice in the jurisdiction of their office.
1. Terms and Conditions
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and JEFF SCHICK LEGAL PLLC (hereinafter referred to as "Website Owner"), the owner and developer of www.JeffSchick.com ("Jeff Schick Legal"). By registering for any service provided on Jeff Schick Legal you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY JEFF SCHICK LEGAL SERVICE. The Terms are subject to change at any time, effective upon notice to you.
BY CLICKING THE "I AGREE" ON THE SIGNUP PAGE, AND/OR UTILIZING ANY SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.JeffSchick.com. JEFF SCHICK LEGAL RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
You further understand and agree that clicking or pressing on the "I agree" is the electronic equivalent of a written signature on this document.
2. Data Privacy Notice
Privacy Policy
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, and how and why we collect, store, use, and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use and are responsible for certain personal data about you.
Key Terms
It would be helpful to start by explaining some key terms used in this policy:
We, us, our |
JEFF SCHICK LEGAL PLLC, JP SCHICK PLLC, and our group companies |
Personal data |
Any information relating to an identified or identifiable individual |
Special category personal data |
Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic data Biometric data (when processed to uniquely identify an individual) Data concerning health, sex life, or sexual orientation |
Data subject |
The individual who the personal data relates to |
Personal Data We Collect About You
The personal data we collect about you depends on the particular products and services we provide to you. We will collect and use the following personal data about you:
We collect and use this personal data for the purposes described in the section “How and why we use your personal data” below. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.
How Your Personal Data is Collected
We collect most of this personal data directly from you—in person, by telephone, text, or email and/or via our website and apps. However, we may also collect information:
How and Why We Use Your Personal Data
Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.,:
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
The table below explains what we use (process) your personal data for why:
What we use your personal data for |
Our reasons |
To provide services to you |
To perform our contract with you or to take steps at your request before entering into a contract |
To prevent and detect fraud against you or JEFF SCHICK LEGAL PLLC |
For our legitimate interests, i.e., to minimise fraud that could be damaging for you and/or us |
Conducting checks to identify our customers and verify their identity |
Depending on the circumstances: · To comply with our legal and regulatory obligations · For our legitimate interests |
Screening for financial and other sanctions or embargoes Other activities necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g., under health and safety law or rules issued by our professional regulator |
|
To enforce legal right or defend or undertake legal proceedings |
Depending on the circumstances: · To comply with our legal and regulatory obligations · In other cases, for our legitimate interests, i.e., to protect our business, interests and rights |
Ensuring business policies are adhered to, e.g., policies covering security and internet use |
For our legitimate interests, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you |
Operational reasons, such as improving efficiency, training and quality control |
For our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service for you at the best price |
Ensuring business policies are adhered to, e.g., policies covering security and internet use |
Depending on the circumstances: · For our legitimate interests, i.e., to protect trade secrets and other commercially valuable information · To comply with our legal and regulatory obligations |
Statistical analysis to help us manage our business, e.g., in relation to our financial performance, customer base, product range or other efficiency measures |
For our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service for you at the best price |
Preventing unauthorised access and modifications to systems |
Depending on the circumstances: · For our legitimate interests, i.e., to protect, prevent, and detect criminal activity that could be damaging to you and/or us · To comply with our legal and regulatory obligations |
Protecting the security of systems and data used to provide the services |
To comply with our legal and regulatory obligations We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e., to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us |
Updating and enhancing customer records |
Depending on the circumstances: · To perform our contract with you or to take steps at your request before entering into a contract · To comply with our legal and regulatory obligations · For our legitimate interests, e.g., making sure that we can keep in touch with our customers about existing orders and new products |
Statutory returns |
To comply with our legal and regulatory obligations |
Ensuring safe working practices, staff administration and assessments |
Depending on the circumstances: · To comply with our legal and regulatory obligations · For our legitimate interests, e.g., to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you |
Marketing our services and those of selected third parties to: · Existing and former customers · Third parties who have previously expressed an interest in our services · Third parties with whom we have had no previous dealings |
For our legitimate interests, i.e. to promote our business to existing and former customers |
To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency In such cases information will be anonymised where possible and only shared where necessary |
Depending on the circumstances: · To comply with our legal and regulatory obligations · In other cases, for our legitimate interests, ie to protect, realise or grow the value in our business and assets |
How and Why We Use your Personal Data—More Detail
More details about how we use your personal data and why are set out in the table below.
Purpose |
Processing operation |
Lawful basis relied on under the UK GDPR |
Relevant categories of personal data |
Communications with you not related to marketing, including about changes to our terms or policies or changes to the products or other important notices (other than those addressed above) |
Addressing and sending communications to you as required by data protection laws, i.e.,: · The UK GDPR or Data Protection Act 2018
|
Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b)) |
· Your name, address and contact information, including email address and telephone number and company details · Your account details (username) |
|
Addressing and sending communications to you as required by relevant law. |
Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b)) |
|
|
Addressing and sending communications to you about changes to our terms or policies or changes to the products or other important notices |
Our legitimate interests (Article 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you |
· Your name, address and contact information, including email address and telephone number and company details · Your account details (username) |
How and Why We Use Your Personal Data—Sharing
See “Who We Share Your Personal Data With” for further information on the steps we will take to protect your personal data where we need to share it with others.
Marketing
We will use your personal data to send you updates (by email, text message, telephone, or post) about our products AND/OR services, including exclusive offers, promotions, or new products AND/OR services.
We have a legitimate interest in using your personal data for marketing purposes (see above "How and Why We Use Your Personal Data"). This means we do not usually need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this consent separately and clearly.
You have the right to opt out of receiving marketing communications at any time by:
We may ask you to confirm or update your marketing preferences if you ask us to provide further products AND/OR services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who We Share Your Personal Data With
We routinely share personal data with:
We only allow those organizations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.
We or the third parties mentioned above occasionally also share personal data with:
Who We Share Your Personal Data With—Further Information
If you would like more information about who we share our data with and why, please contact us (see “How to contact us” below).
Where Is Your Personal Data Held
Personal data may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Data With”).
Keeping Your Personal Data Secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality We also have procedures to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Changes This Privacy Policy
This privacy notice was published on 1 September 2023 and last updated on 1 September 2023.
We may change this privacy notice from time to time, with or without notice.
How to Contact Us
You can contact us by email if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.
Our contact details are shown below:
Our contact details |
JEFF SCHICK LEGAL PLLC
3. Billing and Cancellation Policy
Services and Membership Fees are non-refundable. When dealing with Amazon and/or third parties, we are not able to offer any guarantees or probability of success. The outcome of any matter is subject to inherent risks and other factors beyond our control. Therefore, we have not made, and cannot make, any guarantees or promises concerning the outcome of this matter. Use of our services constitutes that you acknowledge that we have not provided you with any “probability of success” in providing the Services you have requested. In the law and working with governmental agencies, eCommerce Marketplaces, and/or other third parties, it is impossible to guarantee anything. Similarly, there is No Guarantee of any Outcome: We agree to provide you with conscientious, competent, and diligent legal services. At all time we will endeavor to achieve the purpose for which we have been retained. However, because of the uncertainties of the law, third-party responses, and the reactions of third parties, we cannot and do not warrant, predict, or guarantee results or that the outcome of any transaction will ultimately be satisfying to you.
You understand that in the event we are not successful in your case, we will not be able to provide a refund of any fees. You agree not to seek a chargeback or reversal of any fees. Should you obtain a chargeback, you agree to pay us a Returned Payment Fee of $2,500 USD in addition to the amount of your initial transaction. We may use a collection agency or attorney to collect money you owe. If we do so, you agree to pay our reasonable costs of collection, including any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
To terminate a recurring Monthly Retainer membership, you must provide advance notice to JEFF SCHICK LEGAL PLLC in accordance with your General Terms Agreement, as applicable. You may provide notice of termination via the Billing Center as otherwise permitted by JEFF SCHICK LEGAL PLLC or Provisions of your General Terms Agreement. If you do not provide timely advanced notice, you must continue to pay monthly membership dues and will continue to be enrolled in the Monthly Retainer, as applicable.
Florida Law will govern this Agreement, without reference to rules governing choice of laws. JEFF SCHICK LEGAL PLLC and you both consent that any dispute with JEFF SCHICK LEGAL PLLC or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration in Florida as described in this paragraph, rather than in court, except that (i) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights and (ii) we may bring suit in the Governing Courts for any funds we are owed as a result of nonpayment of any fees to JEFF SCHICK LEGAL PLLC. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the General Terms Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter notifying us of your intent to pursue arbitration and describing your claim to our registered agent. Any dispute, controversy or claim arising out of or relating to any agreement between JEFF SCHICK LEGAL PLLC and you, including any question regarding its breach, existence, validity or termination, or the legal relationships established by this agreement, or any non-contractual claims (whether in tort or otherwise), shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the American Arbitration Association ("Rules") in force as at the date of this agreement, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Florida. The language to be used in the arbitral proceedings shall be English. This arbitration agreement shall be governed by and construed in accordance with the law of Florida. JEFF SCHICK LEGAL PLLC and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, JEFF SCHICK LEGAL PLLC and you each waive any right to a jury trial.
4. Retainer Plan Membership Policy
The monthly retainer does not include any litigation, arbitration, and/or settlement negotiations. Should litigation, arbitration, and/or settlement negotiations become required for your case, we will be happy to discuss Hourly and/or Fixed Fee options.
*RETAINER PRICING IS SUBJECT TO CHANGE AND CERTAIN SERVICES, PROGRAMS, MAY BE RESTRICTED, CONDITIONED, OR OTHERWISE LIMITED BY SPECIFIC TERMS AND CONDITIONS AND/OR SUBJECT TO A SEPARATE OR SUPPLEMENTAL FEE FOR ACCESS OR USE.
Retainer Plan Terms
By signing up for an eCommerce Protection Retainer, Client agrees to pay JEFF SCHICK LEGAL PLLC a monthly retainer at the monthly rate specified on the signup page. This retainer is non-refundable and deemed earned when paid. This retainer is for the ability to book time with the team every month. Your monthly retainer fee also covers the Complimentary Services defined in your Service Agreement, should you elect to receive them. You are responsible for paying the Monthly Retainer even if you do not utilize any services during the month. The Monthly Retainer will not be held in trust, and the retainer is not refundable even if no services are used during the Month. The monthly retainer will be renewed automatically. You agree that we may keep your payment information on-file and automatically process it for this purpose. You also authorize us to bill any “One Time Fees” to your stored payment information. You agree to maintain our service for a minimum term of 3 months. Should you wish to cancel prior to three months, you will be billed the remaining balance of the 3 month commitment. By signing up for services, you agree to this Billing Policy, even if you do not utilize the services and/or complete the signup paperwork. The monthly retainer fee is price-locked for the three months from when you sign up. Should it be changed in the future, you will be given at least 30 days written notice prior to any price change. Continued use of the services constitutes acceptance of the new pricing.
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Jeff Schick Legal PLLC is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Amazon.com, Inc., Walmart.com or any of its affiliates or subsidiaries. The website is not for the purpose of providing legal advice or legal opinions on specific facts or circumstances. Users should consult an attorney and not rely on any information contained herein regarding any specific situation.
*Marketplace Suspension Coverage only applies to accounts who enroll in a Monthly Retainer when their account is in Good Standing with Amazon/Walmart. Additional fees apply for sellers who retain Jeff Schick Legal after receiving a 72 hour notice or suspension notice, whose account health rating is below 100, or who have an account in a non-normal status when retaining the firm.