Legal Advice, Information and Decision-Making Responsibility
Personal Injury Training LLC and/or Personal Injury Training Institute PITI and/or Personal Injury Online Trainings and/or with Jeffrey A. States hereafter PITI is not a law firm and does not provide Legal Advice (as defined below). Your use of PITI Material or any PITI Services does not create a attorney-client relationship between you and PITI.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You agree that PITI does not provide Legal Advice. If you receive any communication from PITI, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by PITI and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of PITI Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any PITI Material.
For the purposes of these Terms, Legal Advice is defined to include the following:
any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
advice on which legal document or documents you need or are best for your situation;
determining the legal consequences that will or could result from how you have created your legal document;
whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
whether you have omitted any necessary provisions or details from your legal documents; and
whether you require any additional legal documents or legal procedures.
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any PITI Material nor will you utilize PITI Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use PITI Material and the Site as a customer.
Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.
PITI customers can use PI Office files and forms downloaded while under contract to their office computer. Materials may be used in their own practice as part of a materially non-legal package. PI scholars may maintain PI ONLINE Training Workbooks downloaded while under contract on their own computer in their own office.
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If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.
PITI retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or PITI Material or PITI Services at its discretion.
This agreement cannot be assigned.
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In addition, PITI Material, contains information and intellectual property that is selected and organized by PITI and represents significant work made by PITI. Nothing in the Terms should be construed as granting any license or right to use any PITI Material or intellectual property displayed or used in any PITI Material except as expressly provided in the Terms.
You agree to the following:
- the PITI Material is the property of PITI; you will not use the PITI Material for any purpose other than is expressly permitted in these Terms;
- you will not distribute in any medium any PITI Material without PITI prior written authorization or as expressly provided these Terms.
Any distribution or past distribution of any PITI Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses PITI Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
PITI shall have the right to represent its suppliers in any dispute.
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, PITI Material and PITI Services are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether PITI Material and PITI Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of PITI Material and PITI Services, or for inaccessibility of PITI Material and PITI Services whether from errors or omissions in the content of PITI Material and PITI Services or any other linked sites or for any other reason. Use of PITI Material and PITI Services is at your own risk.
PITI does not represent or warrant that PITI Material, the Site or any linked sites are free of any harmful materials.
Except as expressly provided in these Terms, the maximum liability of PITI is the amount paid to PITI by the customer. The maximum liability of PITI for any PITI Services is the portion of the amount paid to PITI by the customer specifically for the PITI Services as calculated by PITI.
Guarantees and Refunds
All guarantees are subject to any limitations specified in any PITI Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in PITI Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from PITI, they waive their right to any additional claims against PITI regarding any Guarantee unless otherwise agreed to in writing. PITI has no obligation to refund purchases.
The following additional restrictions apply to the Guarantees payments for mistakes:
The mistake must be in the wording of the legal document and not in other text;
The customer was the first person to mention that mistake for that Guarantee category;
Guarantees only apply to PITI mistakes, not to customer mistakes; and we are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.
Subscriptions and Renewals
PITI has no obligation to refund automatic renewals unless you notify us before your renewal date that you want to cancel.
Terms and Headings
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting PITI Material should it be judicially found that the conflicting PITI Material is legally relevant to this Agreement under law.
You agree to indemnify and hold PITI, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or PITI Material or PITI Services.
The Terms are governed by the laws of Utah, USA. You irrevocably attorn to the exclusive jurisdiction of the courts of Utah, USA.
Subject to exceptions specified herein, if you and PITI are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, PITI will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the Salt Lake City, Utah, USA.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys’ fees and costs, will be born by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: PITI may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
No failure or delay, on the part of PITI, in exercising any right or power under these Terms will operate as a waiver of such right or power.
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the PITI Site, the Site’s Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and PITI notwithstanding any:
PITI Material other than this Agreement, communication between you and PITI, including telephone, email and online chat assistance, or announcements, newsletters or promotional materials from PITI.
- The Indemnitee desires protection against any personal liability, claim, suit, action, loss, or damage that may result from the Indemnitee’s participation in Personal Injury Training LLC and/or Personal Injury Training Institute and/or Personal Injury Online Trainings and/or with Jeffrey A. States.
- The Indemnifier wishes to minimize any hardship the Indemnitee might suffer as the result of any personal liability, claim, suit, action, loss, or damage that may result from the Indemnitee’s participation in Personal Injury Training LLC and/or Personal Injury Training Institute and/or Personal Injury Online Trainings and/or with Jeffrey A. States.
IN CONSIDERATION and as a condition of the Indemnitee entering into the Contract and the Indemnifier and the Indemnitee entering into this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Indemnifier and the Indemnitee agree as follows:
- The following definitions apply in the Agreement:
- “Contract” means the following:
Personal Injury Online Trainings, LLC &/or Personal Injury Online Trainings and/or Personal Injury Online and/or Jeffrey A. States.
- “Expenses” means all costs incurred in the defense of any claim or action brought against the Indemnitee including lawyers’ fees.
- “Notice of Claim” means a notice that has been provided by the Indemnitee to the Indemnifier describing a claim or action that has or is being brought against the Indemnitee by a Third Party.
- “Notice of Indemnity” means a notice that has been provided by the Indemnitee to the Indemnifier describing an amount owing under this Agreement by the Indemnifier to the Indemnitee.
- “Parties” means both the Indemnitee and the Indemnifier.
- “Party” means either the Indemnitee or the Indemnifier.
- “Third Party” means any person other than the Indemnifier and the Indemnitee.
- “Contract” means the following:
- The Indemnifier will hold harmless and indemnify the Indemnitee against any and all claims and actions arising out of the participation of the Indemnitee in the Contract, including, without limitation, Expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from the Indemnitee’s participation in the Contract, subject to the limits on indemnification described in the section titled Exceptions to Indemnification. Where prohibited by law, the above indemnification does not include indemnification of the Indemnitee against a claim caused by the negligence or fault of the Indemnitee, its agent or employee, or any third party under the control or supervision of the Indemnitee, other than the Indemnifier or its agent, employee or subcontractors.
- In the case of a criminal proceeding, the Indemnifier will indemnify the Indemnitee against all amounts including, without limitation, Expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by the Indemnitee subject to the limits on indemnification described in the section titled Exceptions to Indemnification.
Exceptions to Indemnification
- The Indemnitee will not be entitled to indemnification from the Indemnifier for any Expenses, judgments, fines, settlements and other amounts incurred as the result of the Indemnitee’s participation in the Contract where:
- in the case of a civil claim, the Indemnitee did not act in good faith and in a reasonable manner;
- in the case of a criminal action, the Indemnitee had reasonable cause to believe its conduct was unlawful;
- the actions or conduct of the Indemnitee constituted willful misconduct or was knowingly fraudulent or deliberately dishonest;
- the Indemnitee will or has received payment under a valid and collectible insurance policy or under a valid and enforceable indemnity clause, bylaw or agreement, except where payment under this insurance policy, clause, bylaw or agreement is not sufficient to fully indemnify the Indemnitee in which case the Indemnifier will be responsible for any shortfall in payment received; or
- an action or proceeding was initiated in whole or in part by the Indemnitee whether alone or along with one or more other claimants unless the action or proceeding has the written consent of the Indemnifier.
Notice of Claim
- In the event of any claim or action, the Indemnitee will promptly provide the Indemnifier with written notice of the claim or action and will notify the Indemnifier within five (5) business days of the commencement of any legal proceedings relating to the claim or action. The Indemnitee will provide the Indemnifier with all available information known to the Indemnitee relating to the claim or action.
Authorization of Indemnification
- In any case where the Indemnitee requires indemnification, the Indemnifier will make the determination of whether indemnification is appropriate having given consideration to the terms described in the Exceptions to Indemnification section. If the Indemnitee disagrees with the determination of the Indemnifier then the matter must be referred for review and determination to independent legal counsel reasonably satisfactory to the Indemnitee. In all cases the Indemnifier will bear all costs of any independent determination.
- The Indemnifier will bear the burden of proving that indemnification is not appropriate.
- The termination of any claim or action by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent will not, of itself, create a presumption that the person did not act in good faith and in a reasonable manner or, in the case of a criminal action, that the Indemnitee had reasonable cause to believe that the Indemnitee’s conduct was unlawful.
Assumption of Defense
- On being notified of any impending action or claim, the Indemnifier may, at its own Expense, participate in the defense of any action or claim and may, alone or with any other indemnifying party, assume the defense against the action or claim using counsel that are reasonably satisfactory to the Indemnitee.
- Once the Indemnifier has notified the Indemnitee of the intention to assume the defense, the Indemnifier will no longer be liable to the Indemnitee for any further legal or other Expenses subsequently incurred by the Indemnitee in relation to the defense of the claim. Once the Indemnifier provides notice to the Indemnitee that the defense of claim has been assumed by the Indemnifier, the Indemnitee may employ or continue to employ its own legal counsel however any fees or Expenses incurred by the Indemnitee subsequent to the notice of assumption of defense by the Indemnifier will be the sole responsibility of the Indemnitee.
Failure to Defend
- If the Indemnifier elects not to assume the defense against the claim or action then the Indemnitee may defend against the claim or action in any manner the Indemnitee deems appropriate. The Indemnifier will promptly reimburse the Indemnitee for Expenses, judgments, fines, settlements and any other amounts actually and reasonably incurred in connection with the defense of the claim or action subject to the limits on indemnification described in the section titled Exceptions to Indemnification.
Settlement and Consent of Indemnifier
- The Indemnitee will not settle any claim or action without first obtaining the written consent of the Indemnifier. The Indemnifier will not be liable for any amounts paid in settlement of any claim or action where written consent of the Indemnifier was not first obtained. The Indemnifier will not unreasonably withhold consent to any settlement.
Settlement and Consent of Indemnitee
- The Indemnifier will not settle any claim or action without first obtaining the written consent of the Indemnitee. The Indemnitee will not unreasonably withhold consent to any settlement.
- The Indemnifier agrees to cooperate in good faith and use best efforts to ensure that the Indemnitee is indemnified and reimbursed for any and all Expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with the defense of any claim or action resulting from the participation of the Indemnitee in the Contract.
- The Indemnitee agrees to cooperate in good faith and provide any and all information within the Indemnitee’s power as required for the defense of any claim or action and also to provide any and all information within the Indemnitee’s power as required to help in a determination of indemnification as described under the Authorization of Indemnification section.
- No costs, charges or Expenses for which indemnity will be sought under this Agreement may be incurred without the Indemnifier’s written consent. Any required consent must not be unreasonably withheld.
- All reasonable Expenses incurred by the Indemnitee to enforce this Agreement, and all costs of defending any Third Party claims or actions brought against the Indemnitee under this Agreement will be the sole responsibility of the Indemnifier subject to the limits on indemnification described in the section titled Exceptions to Indemnification.
Advances of Expenses
- At the written request of the Indemnitee, the Indemnifier will advance to the Indemnitee any Expenses, including lawyers’ fees, incurred by the Indemnitee in defending any action brought against the Indemnitee. Where reasonable, and to minimize hardship to the Indemnitee, advance payments may be made prior to the disposition of any claim.
- The Indemnitee agrees to repay to the Indemnifier any advance payments on Expenses where a determination is ultimately made that the Indemnitee is not entitled to indemnification for reasons described under the Indemnification and the Exceptions to Indemnification sections.
- All payments made by the Indemnifier to the Indemnitee will be made in full in immediately available funds within sixty (60) days of receipt of Notice of Indemnity from the Indemnitee and without deduction for any counterclaim, defense, recoupment, or set-off.
- Any Notice of Indemnity sent by the Indemnitee to the Indemnifier must be made in writing and contain a full listing of the items to be covered in the payment. Any payment made by the Indemnifier to the Indemnitee will contain a listing of items covered under the payment.
- If any right or remedy claimed by the Indemnitee under this Agreement is denied or is not paid by the Indemnifier, or on its behalf, within sixty (60) days after a written Notice of Indemnity has been submitted by the Indemnitee to the Indemnifier, the Indemnitee may then bring suit against the Indemnifier to recover any unpaid amounts and if successful in whole or in part, the Indemnitee will be entitled to be paid any and all costs related to resolving the claim.
- Where a determination as described under Authorization of Indemnification concludes that the Indemnitee’s behavior is not entitled to indemnification, this will not create a presumption that the Indemnitee is not entitled to indemnification under this Agreement.
- The Indemnifier, at its sole discretion, will make the good faith determination whether or not it is reasonable for the Indemnifier to obtain liability insurance against its potential liability in protecting the Indemnitee under this Agreement. The Indemnifier will select an insurer with a reliable reputation and, among other considerations, will weigh the costs of obtaining this insurance coverage against the protection afforded by this coverage.
- The rights and obligations of the Indemnitee and the Indemnifier under this Agreement will continue:
- so long as the Indemnitee is or will be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal, arbitrational, administrative or investigative that results from the participation of the Indemnitee in the Contract; or
- until terminated by an agreement in writing signed by both the Indemnifier and the Indemnitee.
- Under this Agreement, indemnification will be unlimited as to amount.
- Only payment and satisfaction in full of all amounts and charges payable under this Agreement and the due performance and observance of all terms, covenants and conditions of this Agreement will release the Indemnifier and the Indemnitee of their obligations under this Agreement.
- No action or proceeding brought or instituted under this Agreement and no recovery from that action or proceeding will be a bar or defense to any further action or proceeding which may be brought under this Agreement by reason of any further failure in the performance and observance of the terms, covenants and conditions of this Agreement.
- In the event that any indemnity payment is made under this Agreement, the Indemnifier will be subrogated to the extent of this payment to all of the rights of recovery of the Indemnitee. The Indemnitee will take all action required and provide all information necessary to secure these rights and to fully enable the Indemnifier to take any action to enforce these rights in the recovery of the indemnity payment.
- This Agreement may only be amended, terminated or cancelled by an instrument in writing, signed by both the Indemnifier and the Indemnitee.
Assignment of Indemnifier Rights and Obligations
- The rights and obligations of the Indemnifier as existing under this Agreement may not be assigned, in whole or in part, without the prior written consent of the Indemnitee.
Assignment of Indemnitee Rights and Obligations
- The rights and obligations of the Indemnitee as existing under this Agreement may not be assigned, either in whole or in part, without the prior written consent of the Indemnifier.
Joint and Several Liability
- If two or more persons act as Indemnifier in this Agreement or if the Indemnifier is a partnership consisting of two or more partners, then the liability under this Agreement will be joint and several for each co-Indemnifier.
- Both the Indemnifier and the Indemnitee and their respective employees and agents will at all times maintain confidential all information pertaining to this Agreement except where required to disclose under any regulatory or other competent authority or as otherwise required by law.
- Any notices or deliveries required in the performance of this Agreement will be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the Parties to this Agreement at the addresses contained in this Agreement or as the Parties may later designate in writing.
- No Refunds
PI Scholars or PI ONLINE Training Student has access for 6-months to PI ONLINE Training from initial payment. Month to month access is an option following the initial 6-months. Payment in full is required prior to Motor Vehicle Collision Occupant Injury Certification. PI Scholar must complete all requirements prior to Motor Vehicle Collision Occupant Injury Certification.
- This Agreement will be governed by and construed in accordance with the laws of the State of Utah.
- The courts of the State of Utah are to have jurisdiction to decide and settle any dispute or claim arising out of or in connection with this Agreement.
- This Agreement contains all terms and conditions agreed to by the Indemnifier and the Indemnitee. Statements or representations which may have been made by either Party in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value to either Party. Only the written terms of this Agreement will bind the Parties.
- Any failure of either Party to enforce any of the terms, covenants and conditions in this Agreement does not infer or permit a further waiver of that or any other right or benefit under this Agreement. A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this Agreement.
- This Agreement will pass to the benefit of and be binding upon the Parties’ respective heirs, executors, administrators, successors, and permitted assigns.
- The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement.
- All of the rights, remedies and benefits provided in this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law or equity that the Parties may have now or may acquire in the future.
- Time is of the essence in this Agreement.
- This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which together will be deemed to be one and the same instrument.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.