KPLR-IP LAW — TERMS AND CONDITIONS
These Terms and Conditions ("Terms") govern your access to and use of the website located at kplr-ip.com and any associated pages, the legal services provided by KPLR-IP Law, PLLC ("KPLR," "the Firm," "we," "us," or "our"), and the software applications, study tools, and educational content we make available, including the KPLR Recall Engine and any related web or mobile applications (collectively, the "Applications").
These Terms apply to every visitor, client, subscriber, and user (each, a "you" or "User"). By accessing the website, engaging the Firm, or using any Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the website, the Applications, or our services.
Where a separate written engagement agreement, subscription agreement, or order form applies to a specific matter or product, that document controls to the extent it conflicts with these Terms. Portions of these Terms may also appear in your individual engagement agreement.
PART I — GENERAL
1. Definitions
a) "Legal Services" means the attorney services described in Part II. b) "Applications" means the KPLR Recall Engine and any other software, websites, study tools, question banks, and educational content offered by KPLR, whether free or paid. c) "Content" means all text, questions, answer choices, explanations, data, graphics, logos, trademarks, software, and other materials made available through the website or the Applications. d) "Client" means a person or entity that has entered into an engagement for Legal Services. e) "User" means any person who accesses the website or uses the Applications, whether or not a Client.
2. Eligibility
a) You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Applications or engage the Firm. b) The Applications are intended for adult learners preparing for legal examinations and are not directed to children. c) By using our services, you represent that you meet these requirements and that all information you provide is accurate.
3. No Attorney-Client Relationship Through the Website or Applications
a) Accessing the website, using any Application, submitting a consultation request, or otherwise communicating with KPLR does not create an attorney-client relationship. b) An attorney-client relationship is formed only upon mutual execution of a written engagement agreement and, where required, payment of any applicable advance deposit. c) Information transmitted before an engagement is established may not be treated as confidential or privileged.
PART II — LEGAL SERVICES
4. Scope of Representation
a) Representation begins only upon mutual execution of a written engagement agreement. b) Legal Services are limited to the scope defined in your engagement letter. Additional work requires separate written authorization. c) Communications via this website or consultation requests do not establish an attorney-client relationship or obligate the Firm to act.
5. Categories of Legal Services
The Firm offers, among other services: a) Business law, including contract drafting and review (service agreements, employment contracts, NDAs, vendor agreements), business disputes, licensing agreements, and demand letters and pre-litigation advocacy. b) Intellectual property law, including patent prosecution (U.S. and international), trademark and copyright registration, IP licensing, due diligence and technology transfer, cease-and-desist and demand correspondence, and litigation preparation and litigation. c) Miscellaneous legal services, including regulatory compliance, specialized consulting, and international transactions and licensing.
6. Fees, Consultations, and Billing
a) Fees are charged on an hourly, flat-fee, capped-fee, or contingency basis (contingency by separate written agreement only), as set forth in the applicable fee schedule or engagement agreement. Current rates are provided to prospective clients in writing prior to engagement. b) A consultation fee may apply to initial consultations as set forth in the applicable fee schedule unless waived in writing. Where charged, consultation fees are non-refundable and due prior to scheduling. c) Estimates are non-binding unless confirmed in writing. d) Billable time includes, without limitation, legal research, drafting and editing, client communications and strategy, government filings and docketing, and case reviews, updates, and administrative processing. e) Payment is due within one (1) week of invoice unless otherwise agreed in writing. Late payments may incur interest at the highest lawful rate under WA, D.C., or federal law. Non-payment may result in suspension of services or withdrawal from representation.
7. Advance Fee Deposits and Trust Accounts
a) Advance deposits may be required and are held in trust under WA RPC 1.15A and D.C. Rule 1.15. b) Funds are drawn only as services are rendered; remaining balances are refundable at the conclusion of the matter.
8. Reimbursable Expenses
a) Clients must reimburse reasonable expenses, including government fees, expert fees, legal research, and courier or travel costs. b) Where feasible, the Firm will provide advance notice of significant third-party charges.
9. Authorization to Act on Client's Behalf
a) Where engaged, you authorize KPLR to sign, file, and submit legal documents and correspondence on your behalf, including with the USPTO, the U.S. Copyright Office, courts and tribunals, opposing parties, and government agencies.
10. Use of Affiliated Professionals and Tools
a) KPLR may collaborate with outside professionals (attorneys, agents, engineers, or experts) and may use legal research, productivity, document-management, and AI-assisted tools (including, without limitation, OneNote, Westlaw, and AI-assisted research platforms) at its discretion. b) You consent to limited confidential disclosures to such affiliates and tools solely as needed to assist with your matter, and the Firm will use commercially reasonable care to maintain confidentiality and professional compliance.
11. No Guarantee of Outcome
a) KPLR makes no guarantee regarding the outcome of any legal matter. b) Legal advice is based on applicable law and the information you provide. All final decisions, including settlement or litigation, rest with the Client.
12. Termination of Representation
a) You may terminate representation at any time unless prohibited by law or court order; KPLR may withdraw for cause in accordance with RPC 1.16. b) Upon termination, you remain responsible for all accrued fees and costs; KPLR will return your client file upon request; and digital copies may be retained for compliance purposes.
13. File Retention and Work Product
a) Files may be destroyed after five (5) years unless you request otherwise; certain matters may be retained longer for compliance. Retained files remain subject to confidentiality obligations. b) KPLR retains copyright in legal work product unless specifically assigned. Final deliverables become Client property upon full payment.
PART III — APPLICATIONS, STUDY TOOLS, AND EDUCATIONAL CONTENT
14. Description; Educational Purpose Only
a) The Applications, including the KPLR Recall Engine, provide multiple-choice practice questions, explanations, and study tools intended to assist with preparation for bar examinations and law examinations. b) The Applications are study aids for general educational purposes only. They are not a substitute for law school, an accredited bar-review course, primary legal authority, or your own independent study and judgment.
15. No Guarantee of Results
a) KPLR makes no representation, warranty, or guarantee that use of the Applications will result in passing any examination, achieving any score, or any other outcome. b) Results depend on many factors outside our control, including your own preparation. Individual results vary.
16. Not Legal Advice
a) Content in the Applications is general educational material about legal concepts. It is not legal advice, is not tailored to any specific situation, and must not be relied upon as legal authority or as a substitute for advice from a licensed attorney regarding an actual legal matter. b) Use of the Applications does not create an attorney-client relationship.
17. Accuracy and Currency of Content
a) The law changes and varies by jurisdiction. Content may contain errors, omissions, or simplifications and may become outdated. b) Content is provided "as is" and "as available." You are responsible for verifying any legal proposition against current primary authority. KPLR does not warrant that Content is accurate, complete, current, or error-free.
18. No Affiliation; Trademarks
a) KPLR and the Applications are independent and are not affiliated with, sponsored by, endorsed by, or approved bythe National Conference of Bar Examiners ("NCBE"), any state board of bar examiners, any court, or any law school or bar-review provider. b) "Multistate Bar Examination," "MBE," "UBE," "MEE," "MPT," and related marks are trademarks of their respective owners (including the NCBE). Such marks are used only nominatively to describe the subject matter for which the Applications provide preparation. No sponsorship or endorsement is implied.
19. License and Acceptable Use
a) Subject to these Terms, KPLR grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Applications and Content solely for your own personal exam-preparation purposes. b) You agree that you will not, and will not permit others to: i) copy, reproduce, distribute, publicly display, sell, resell, sublicense, rent, or otherwise commercialize any Content; ii) scrape, crawl, harvest, or use automated means to access or extract Content or the question bank; iii) reverse engineer, decompile, or attempt to derive source code or underlying data, except as permitted by law; iv) use any Content or question bank to develop, train, benchmark, or improve any competing product, dataset, machine-learning model, or service; v) share, sell, or transfer access credentials or paid access with or to any other person; vi) circumvent, disable, or interfere with any access control, security, or usage limitation; or vii) use the Applications for any unlawful purpose or in violation of these Terms. c) Violation of this Section terminates your license immediately and may result in legal action.
20. Intellectual Property
a) All Content and the Applications — including all questions, answer choices, explanations, compilations, text, graphics, software, the "KPLR" name, the schnauzer logo, and all related marks — are the property of KPLR or its licensors and are protected by copyright, trademark, and other laws. b) Except for the limited license in Section 19, no rights are granted to you. All rights are reserved.
21. Subscriptions, Fees, and Payment (Applications)
a) Access to the Applications may be offered free of charge and/or through paid plans, as described at the point of purchase. b) Paid access is processed by third-party payment providers and/or our website platform. By purchasing, you authorize the applicable charges, including any recurring charges if you select a subscription plan. c) Prices, plans, and features may change at any time. Introductory or promotional pricing applies only as stated and for the period stated. d) If a plan renews automatically, it will continue until cancelled in accordance with the cancellation method disclosed at purchase. You are responsible for cancelling before a renewal date to avoid the next charge.
22. Refunds
a) Except where required by applicable law or expressly stated in writing, all fees for the Applications and digital content are non-refundable, and partial subscription periods are not refunded.
23. Availability; Changes; Discontinuation
a) The Applications are provided on an "as available" basis. KPLR may modify, suspend, limit, or discontinue any feature, Content, or the entire Application at any time, with or without notice, and is not liable for doing so. b) KPLR does not warrant uninterrupted or error-free operation.
24. Third-Party Services and Data
a) The Applications rely on third-party services for hosting, payment processing, and analytics. Your use of those services may be subject to their terms, and KPLR is not responsible for them. b) Certain Applications store study progress and related data locally within your own browser or device and may not sync across browsers or devices; such data may be lost if you clear your browser or device data. Handling of any personal information is described in our Privacy Policy.
PART IV — CONFIDENTIALITY, WARRANTIES, AND LIABILITY
25. Confidentiality (Legal Services)
a) Communications made within an attorney-client relationship are protected under attorney-client privilege and applicable law. b) Confidential Information includes technical, legal, and business information marked or reasonably understood to be confidential. KPLR will protect it using commercially reasonable care, limit disclosure to those with a need to know, and notify you of legally compelled disclosure unless prohibited. c) Confidentiality obligations survive for three (3) years following termination of services or return of materials. You agree not to disclose confidential materials received from KPLR without written consent.
26. Disclaimer of Warranties
a) Except as expressly stated in a written engagement agreement, the website, the Applications, the Content, and all services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. b) KPLR does not warrant any particular result, score, or outcome from the Applications or any legal matter.
27. Limitation of Liability
a) To the fullest extent permitted by law, KPLR's total liability arising out of or relating to the Applications, the website, or Content shall not exceed the greater of (i) the total amount you paid for the applicable Application in the twelve (12) months preceding the claim, or (ii) fifty U.S. dollars ($50). b) For Legal Services, KPLR's liability shall not exceed the total fees paid for the matter at issue, except in cases of gross negligence or willful misconduct. c) In no event shall KPLR be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, even if advised of the possibility. d) Nothing in these Terms limits liability that cannot be limited under applicable law or applicable rules of professional conduct.
28. Indemnification
a) You agree to indemnify, defend, and hold harmless KPLR and its members, attorneys, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the Applications or Content, your violation of these Terms, or your violation of any law or third-party right.
29. Remedies
a) You acknowledge that a breach of these Terms — particularly the license and intellectual-property provisions — may cause irreparable harm and may entitle KPLR to injunctive relief, specific performance, and any other available legal or equitable remedy, in addition to damages.
PART V — GENERAL PROVISIONS
30. Export Control
a) You and KPLR agree to comply with applicable U.S. export-control laws, including ITAR and EAR.
31. Force Majeure
a) KPLR is not liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, government shutdowns, utility or network outages, and public-health emergencies.
32. Governing Law; Venue
a) These Terms are governed by the laws of the State of Washington, the District of Columbia, and applicable federal law, without regard to conflict-of-laws principles. b) Venue for any dispute lies exclusively in King County, Washington or the District of Columbia.
33. Assignment; Waiver; Severability; Entire Agreement
a) These Terms may not be assigned by you without KPLR's written consent; KPLR may assign to a successor-in-interest. b) Failure to enforce any provision is not a waiver of future enforcement. c) If any provision is found invalid, the remainder remains enforceable. d) These Terms, together with any applicable engagement agreement, subscription terms, and our Privacy Policy, constitute the entire agreement between you and KPLR regarding the subject matter.
34. Updates to These Terms
a) KPLR may update these Terms at any time. The most recent version posted on our website governs all use of the website and Applications, and governs engagements unless superseded by a written agreement. Your continued use after changes are posted constitutes acceptance.
35. Acknowledgment and Contact
a) By engaging KPLR, submitting a consultation request, or using the website or any Application, you agree to these Terms and Conditions. b) Questions regarding these Terms may be directed to: KPLR-IP Law, PLLC — DanSweeney@kplr-ip.com