1. This is a Binding Legal Contract.
The following are terms of a legal agreement between you and Equine Legal Solutions, PC, an Oregon professional corporation (“ELS”). By clicking on “I Agree,” you acknowledge that you have read, understood and agree to be bound by these terms. If you do not agree to these terms, do not click on “I Agree.”
2. Your Use of ELS Materials.
2.1. Limited License.
Pursuant to this agreement, you may access only the documents that you have purchased through the website located at www.equinelegalsolutions.com and all related pages (the “ELS Website”).
2.2. Use Limitation.
All documents and materials on the ELS Website, including any documents, emails and other materials you may access or receive in connection with this agreement (collectively, “ELS Materials”), are strictly for your personal use or use in your horse-related business. You may not modify (except to fill in blanks as indicated), take language from, retype or otherwise create derivative works from any ELS Materials. For your own personal use and in the ordinary course of your horse-related business, you may copy, email and otherwise distribute the ELS Materials. However, you may not post any ELS Materials to the Internet, including on your own website, and you may not sell any ELS Materials. You may not distribute any ELS Materials, by email or otherwise, unless the distribution is in connection with your personal use of the ELS Materials or the use of ELS Materials in the ordinary course of your horse-related business.
2.3. Use by Attorneys and Insurance Agents
Attorney use of ELS Materials is limited to the attorney’s own personal use or use in the ordinary course of a horse-related business except for the practice of law. Insurance agent use of ELS Materials is limited to the agent’s own personal use or use in the ordinary course of a horse-related business except for the sale of insurance. In particular, attorneys and insurance agents cannot give or sell ELS Materials, or any portions thereof, to their legal clients or insurance customers.
2.4. Copyright Protection
The documents and other materials provided to you pursuant to this agreement are protected by law, including but not limited to, United States copyright law and international treaties.
2.5. ELS Materials for Use in United States Only
The ELS Materials were developed for use in the United States only and ELS makes no representation that the ELS Materials are appropriate or available for use in non-United States locations, and access to the ELS Materials from territories where their contents are illegal is prohibited. Those who may choose to access the ELS Materials from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
3. No Attorney-Client Relationship with ELS
None of the following activities will create an attorney client relationship between you and ELS and/or Rachel Kosmal McCart: (i) entering into this agreement, (ii) accessing or using the ELS Materials, or (iii) corresponding with Rachel Kosmal McCart or ELS by email, mail, telephone or otherwise. You will only enter into an attorney-client relationship with ELS only if ELS initiates an attorney-client relationship and you sign a separate engagement letter provided by ELS.
4. ELS Materials are Not Legal Advice
The ELS Materials and any correspondence you may receive in connection with the ELS Materials are not legal advice, nor are they a substitute for legal advice. ELS encourages you to seek counsel from a local attorney in using the ELS Materials.
5. ELS May Represent Parties Adverse to You
Because you do not have an attorney-client relationship with ELS, ELS may represent parties who have interests adverse to your interests. For example, ELS may represent someone who files a claim against you in connection with a horse they purchased from you, even if you purchased a horse sale contract pursuant to this agreement.
6. Applicable Law and Venue
This agreement is governed by the laws of the United States and the State of Oregon. Any disputes arising out of or relating to this agreement or the transactions completed herein must be brought in the U.S. District Court of Oregon, Portland Division, or if such court would not have jurisdiction over the matter, then in the Circuit Court of Oregon for Clackamas County. The parties irrevocably agree to submit to the exclusive jurisdiction of such courts for the purposes of any such proceedings.
7. Notice
All notices pursuant to this agreement must be sent to the following address:
Equine Legal Solutions, PC.
38954 Proctor Blvd Ste 186
Sandy, OR 97055
8. Entire Agreement
This agreement constitutes the entire agreement between you and ELS with respect to the ELS Materials.
9. Attorneys’ Fees and Other Expenses
In any legal actions brought in connection with this Agreement, the prevailing party will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party. For the purposes of this section, “expenses” shall include the following costs actually incurred by the prevailing party: attorneys’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all other disbursements.
10. Severability
If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
