TERMS AND CONDITIONS
Effective Date: [INSERT DATE AT LEAST 14 DAYS FROM POSTING]
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, LLC ("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.
(f) "AI Tools" means artificial intelligence and machine-learning platforms, large-language-model services, AI-assisted legal research tools, and AI-assisted drafting or productivity software used by KPLR in the provision of Legal Services or operation of the Applications.
(g) "Cloud Services" means third-party cloud storage, file synchronization, backup, and productivity platforms used by KPLR to create, store, transmit, and manage client files and Firm records, including Microsoft OneDrive and the Microsoft 365 suite.
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 and Availability
(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.
(d) KPLR will respond to client communications within a reasonable time consistent with applicable Rules of Professional Conduct. For matters with imminent deadlines or requiring urgent action, you must notify KPLR at the earliest possible opportunity. KPLR is not responsible for delays attributable to your failure to provide timely instructions, approvals, or information.
5. Categories of Legal Services
The Firm offers, among other services:
(a) Business law, including contract drafting and review (service agreements, employment contracts, NDAs, and 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.
5A. Client Obligations in Intellectual Property Matters
In connection with patent prosecution and other IP matters, the Client bears the following obligations, which are in addition to any obligations set forth in the applicable engagement agreement:
(a) Duty of Disclosure. Each individual associated with the filing and prosecution of a patent application, including inventors, the Client, and their agents, has a duty of candor and good faith to the USPTO under 37 C.F.R. § 1.56. You must promptly disclose to KPLR all information known to be material to patentability, including prior art, prior publications, prior public use, prior sales or offers for sale, and prior disclosures. Failure to disclose material information may render a resulting patent unenforceable due to inequitable conduct. KPLR is not responsible for consequences arising from information you failed to disclose, whether or not intentionally.
(b) Inventorship. You represent that the inventors identified in any patent application are the true, correct, and only inventors of the claimed subject matter. Incorrect inventorship can render a patent invalid or unenforceable. You must promptly notify KPLR of any questions or disputes regarding inventorship.
(c) Statutory Deadlines. Patent rights are subject to strict and often non-extendable statutory deadlines, including the one-year on-sale and public-disclosure bars under 35 U.S.C. § 102(b)(1), PCT national-phase entry deadlines, Paris Convention priority deadlines, and USPTO response deadlines during prosecution. KPLR will docket deadlines arising from known facts and filings, but is not responsible for deadlines arising from facts or events that you have not disclosed. You are responsible for promptly notifying KPLR of any public disclosures, publications, sales, or offers for sale of your invention, and of any prior filings, whether domestic or foreign.
(d) Accuracy of Technical Information. You represent that all technical, factual, and legal information you provide in connection with IP matters is accurate, complete, and not misleading to the best of your knowledge. KPLR relies on your representations in preparing, filing, and prosecuting applications and other IP submissions.
(e) International Matters. For international patent or trademark filings, you acknowledge that foreign counsel, foreign filing fees, and translation costs may be required and will be charged as reimbursable expenses. KPLR does not guarantee the availability of rights in any foreign jurisdiction.
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 as a fixed or capped fee.
(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 accrue interest at 1% per month (12% per annum) on the outstanding balance. 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, foreign associate fees, translation costs, legal research, and courier or travel costs.
(b) Where feasible, KPLR 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, as necessary to fulfill the scope of representation.
10. Use of Affiliated Professionals
(a) KPLR may collaborate with outside professionals (attorneys, agents, engineers, or experts) and may use legal research, productivity, and document-management tools at its discretion.
(b) You consent to limited confidential disclosures to such affiliates solely as needed to assist with your matter, and KPLR will use commercially reasonable care to maintain confidentiality and professional compliance. Use of AI Tools is separately addressed in Section 10A. Use of Cloud Services is separately addressed in Section 10B.
10A. Use of Artificial Intelligence Tools
KPLR uses AI Tools in connection with the delivery of Legal Services. These tools assist with tasks such as legal research, document drafting, summarizing, proofreading, prior art searches, and document review. The use of AI Tools allows KPLR to work more efficiently and is one way KPLR keeps its fees competitive without compromising the quality of its legal work.
(a) Attorney Review. All AI-assisted work product is reviewed by a licensed attorney before delivery to you or use on your behalf. KPLR does not transmit AI-generated output to clients or file AI-generated content with any government agency without prior attorney review and approval. Notwithstanding the foregoing, you acknowledge that AI Tools may generate errors, omissions, hallucinations, or imprecise output that, despite attorney review, may not be caught in every instance. KPLR's liability for any such errors is governed by Section 29.
(b) Confidentiality and Data Handling. You consent to your matter information being processed by AI Tools solely as necessary to assist with your representation. KPLR selects AI Tools that offer appropriate data-handling and confidentiality protections, and will use commercially reasonable care to avoid unnecessary disclosure of your confidential information.
KPLR uses AI Tools under account settings and contractual terms that disable the use of submitted data for training, fine-tuning, or otherwise improving the provider's models. Where a provider offers a training opt-out, zero-retention configuration, or enterprise or business tier with equivalent protections, KPLR elects it. KPLR does not knowingly use consumer-grade or free AI Tools that reserve training rights over submitted data in connection with client matters.
KPLR will not input your personally identifiable information or trade secrets into publicly available AI tools without your prior written consent. You acknowledge that KPLR relies on the representations, terms of service, and technical controls of its AI providers, that AI platform providers may process data in accordance with their own terms, and that KPLR's obligation is to exercise commercially reasonable judgment in tool selection, configuration, and use.
(c) No Guarantee. AI Tools are used to assist, not replace, attorney judgment. Use of AI Tools does not alter KPLR's professional obligations or your rights under applicable Rules of Professional Conduct.
(d) Updates. The specific AI Tools used by KPLR may change over time as technology and best practices evolve. KPLR will inform you of material changes to its AI practices upon request.
10B. Cloud Storage and File Management
(a) Use of Cloud Services. KPLR stores and manages client files, correspondence, and work product using Cloud Services, principally Microsoft OneDrive and the Microsoft 365 suite. You consent to the storage, synchronization, backup, and transmission of your matter information through these Cloud Services.
(b) Provider Safeguards. KPLR uses Cloud Services under business or enterprise-tier accounts that provide encryption in transit and at rest, access controls, and contractual confidentiality commitments. Client data stored in these Cloud Services is not used by the provider to train artificial intelligence or machine-learning models.
(c) Access. Access to your files is limited to KPLR personnel and, consistent with Section 10, affiliated professionals with a need to know.
(d) Limitations. No cloud platform is immune from outage, interruption, or unauthorized access. KPLR's obligations with respect to electronic security are governed by Section 27 and its liability by Section 29.
(e) Changes in Providers. The specific Cloud Services used by KPLR may change over time. KPLR will maintain substantially equivalent confidentiality and data-handling protections and will inform you of material changes upon request.
11. Professional Liability Insurance
KPLR maintains professional liability (malpractice) insurance covering its legal services practice in Washington and the District of Columbia.
12. No Guarantee of Outcome
(a) KPLR makes no guarantee regarding the outcome of any legal matter, including the grant of any patent, trademark, or copyright registration.
(b) Legal advice is based on applicable law and the information you provide. All final decisions, including whether to file, settle, or litigate, rest with the Client.
13. 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 applicable Rules of Professional Conduct (WA RPC 1.16; D.C. Rule 1.16).
(b) Upon termination, you remain responsible for all fees and costs accrued through the termination date. KPLR will return your client file upon written request. Digital copies may be retained for compliance purposes.
14. File Retention and Work Product
(a) Physical and electronic files may be destroyed after five (5) years from the conclusion of a matter unless you request otherwise in writing. Certain matters (including active patent portfolios or matters with ongoing obligations) may be retained longer for compliance purposes. Retained files remain subject to confidentiality obligations.
(b) KPLR retains copyright in legal work product, including patent applications as drafted, unless specifically assigned in writing. Upon full payment of all outstanding fees and costs, Client receives an irrevocable, royalty-free license to use all final deliverables for all lawful purposes, including filing with government agencies, enforcing rights, and licensing to third parties. This license does not include the right to resell or commercially distribute KPLR's work product as legal templates or forms.
PART III: APPLICATIONS, STUDY TOOLS, AND EDUCATIONAL CONTENT
15. 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 may incorporate AI-powered features, including adaptive question selection, explanations generated or refined with AI assistance, and AI-driven study recommendations. All Application content has been reviewed by a licensed attorney; however, as noted in Section 17, content is provided "as is" and you are responsible for verifying any legal proposition against current primary authority.
(c) 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.
16. 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, study habits, and individual circumstances. Individual results vary.
17. 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.
18. 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.
19. No Affiliation; Trademarks
(a) KPLR and the Applications are independent and are not affiliated with, sponsored by, endorsed by, or approved by the 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.
20. 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 expressly permitted by law;
(iv) use any Content or question bank to develop, train, benchmark, fine-tune, evaluate, or improve any competing product, dataset, machine-learning model, large-language model, AI system, or service, whether commercial or otherwise;
(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 measure, or usage limitation;
(vii) input Content into any AI tool or platform for the purpose of reproducing, summarizing, or repurposing KPLR's question bank or explanations; or
(viii) 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, including claims for injunctive relief and damages.
21. 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, trade secret, and other laws.
(b) Except for the limited license in Section 20, no rights are granted to you. All rights are reserved.
22. 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.
23. 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.
24. 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 of the Applications.
25. 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 own terms, and KPLR is not responsible for third-party acts or omissions.
(b) Certain Applications store study progress and related data locally within your 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.
(c) Where an Application transmits User data to an AI Tool to generate or refine explanations, adaptive recommendations, or other features, KPLR uses that AI Tool under settings and terms that disable the use of submitted data for training, fine-tuning, or otherwise improving the provider's models.
PART IV: CONFIDENTIALITY, WARRANTIES, AND LIABILITY
26. 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 provided to KPLR in connection with a representation that is marked or reasonably understood to be confidential. KPLR will protect Confidential Information using commercially reasonable care, limit disclosure to those with a need to know, and notify you of any legally compelled disclosure unless prohibited by law or court order.
(c) Confidentiality obligations survive for five (5) years following the termination of services or return of materials, or for the period required by applicable Rules of Professional Conduct, whichever is longer. You agree not to disclose confidential materials received from KPLR without prior written consent.
27. Cybersecurity
(a) KPLR employs commercially reasonable security measures to protect client information transmitted and stored electronically, including the Cloud Services described in Section 10B and the AI Tool configurations described in Section 10A. No method of electronic transmission or storage is completely secure, and KPLR cannot guarantee absolute security against unauthorized access, interception, or breach.
(b) You consent to KPLR communicating with you by email and other electronic means unless you instruct otherwise in writing. You are encouraged to notify KPLR immediately if you become aware of any suspected unauthorized access to communications with the Firm or to your confidential information.
(c) KPLR will notify you of any confirmed data breach involving your confidential information as required by applicable law.
28. 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, including the grant of any patent, trademark, or copyright registration.
29. Limitation of Liability
(a) To the fullest extent permitted by applicable law and professional rules, 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 ($50.00).
(b) For Legal Services, KPLR's liability shall not exceed the total fees paid to KPLR for the specific 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, lost business opportunity, or loss of goodwill, even if advised of the possibility of such damages.
(d) Nothing in these Terms limits liability that cannot be limited under applicable law or the applicable Rules of Professional Conduct.
30. 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: (i) your misuse of the Applications or Content; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party right, including any intellectual property right.
31. Remedies
(a) You acknowledge that a breach of these Terms, particularly the license, intellectual-property, and acceptable-use provisions, may cause irreparable harm not adequately compensable in damages. KPLR is entitled to seek injunctive relief, specific performance, and any other available legal or equitable remedy, in addition to damages, without the requirement of posting a bond or other security.
PART V: GENERAL PROVISIONS
32. Export Control
(a) You and KPLR agree to comply with applicable U.S. export-control laws and regulations, including ITAR and EAR, in connection with any matter involving controlled technology, technical data, or defense-related subject matter.
33. Force Majeure
(a) KPLR is not liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, acts of government, utility or network outages, cyberattacks, and public-health emergencies.
34. Governing Law; Venue
(a) These Terms are governed by the laws of the State of Washington and applicable federal law, without regard to conflict-of-laws principles. For matters primarily handled under District of Columbia law, or for Clients who are residents of the District of Columbia, D.C. law applies to the extent required by applicable Rules of Professional Conduct.
(b) Venue for any dispute arising out of or relating to these Terms or the services provided hereunder lies exclusively in Pierce County, Washington or the Superior Court of the District of Columbia, at KPLR's election. Each party consents to personal jurisdiction in those courts.
35. Assignment; Waiver; Severability; Entire Agreement
(a) These Terms may not be assigned by you without KPLR's prior written consent. KPLR may assign these Terms to a successor-in-interest upon written notice.
(b) Failure by KPLR to enforce any provision of these Terms is not a waiver of its right to enforce that provision in the future.
(c) If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. An invalid provision shall be modified to the minimum extent necessary to make it 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 hereof, and supersede all prior understandings and communications.
36. Updates to These Terms
(a) KPLR may update these Terms at any time. KPLR will provide at least fourteen (14) days' notice of material changes by posting the updated Terms on kplr-ip.com and/or notifying active clients by email. The most recent version posted on the website governs all use of the website and Applications after the effective date of the update.
(b) Your continued use of the website or Applications, or continued engagement of Legal Services, after changes are posted constitutes acceptance of the updated Terms.
37. Acknowledgment and Contact
(a) By engaging KPLR, submitting a consultation request, or using the website or any Application, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
(b) Questions regarding these Terms may be directed to KPLR-IP Law via the Contact Form at kplr-ip.com.
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