Terms & Conditions
TERMS AND CONDITIONS – DISCLAIMER
NO LEGAL ADVICE, ATTORNEY-CLIENT RELATIONSHIP, OR CONFIDENTIALITY:
The information provided on the Web & Social sites is offered purely for informational purposes. It is not intended to be a source of advertising, solicitation, to create or promote an attorney-client relationship and does not constitute and should not be relied upon as legal advice. It is not intended to seek professional employment in any state where lawyers in the firm are not admitted to practice, or in any state where the Web & Social sites would not comply with applicable requirements concerning advertisements and solicitations. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and Internet subscribers and online readers should not act based upon this information without seeking professional counsel from an attorney admitted to practice wherever you the reader are located. Further, any client testimonials found on the Web & Social sites are from actual client experiences working with our firm and do not promise or guarantee any certain outcome with regards to your legal matter.
Transmission of information from the Dana Ball Legal Services Web & Social sites is not intended to create, and its receipt does not constitute, an attorney-client relationship with Dana Ball Legal Services or any of its individual attorneys or personnel. If you elect to communicate with the firm, or any of its attorneys, through the Web & Social sites, do not transmit any information about any matter (and particularly not any confidential information) that may involve you until the firm has agreed to represent you, and you have received confirmation of that fact in the form of a written representation agreement. Unsolicited information that you send to us will not be treated as confidential.
While we do implement several security measures, due to the unsecured nature of the internet, Dana Ball Legal Services, cannot guarantee that information transmitted in that fashion to us will not be intercepted and used by a third party. For your convenience, a contact phone number is provided on the Contact Us page so that you can communicate confidentially and securely.
TERMS AND CONDITIONS – LEGAL ASSISTANCE
If you have hired us for “legal assistance” such as, but not limited to: i) advice and consultation on general business practices, (ii) contracts, (iii) forming legal entities, (iv) business partnerships, (v) business purchases, (vi) employee obligations, etc. then PLEASE NOTE the following:
Video Calls. Instead of in-person meetings at our offices, we schedule video calls over Zoom. For most legal assistance, a minimum of a 30-minute video call is included with your Services, but some services include a longer video call. Check with us to confirm the video call(s) included with your Services. Sometimes, we find that you have other questions about your business that you’d like to discuss. Since everything we do is based on a set fee instead of hourly billing, we are unable to provide unlimited consultations beyond the video call that is included with your Services. If you have other questions, please send us an email and sometimes we can give you a quick email response for no charge. If your questions are too involved and require a video call, then we will let you know the Fee and send you a link to schedule this additional video call.
Fees. We charge set Fees for our Services which means we do not charge by the hour. This way you will always know what to expect and how much our Services will cost, no surprises. For the Fees we charge, we are not obligated to perform any work that is outside of the Services you order. Generally, costs are built into the Fees, but you will be notified ahead of time if there are additional costs that you agree to cover.
Payment of Fees. To submit payment, you are required to provide “Payment Information” such as your credit card or bank account (“Card”) information and additional information may be required, such as your email address, name, and mailing address.
Authorized User. You acknowledge that the origination of payment transactions to the Card must comply with the provisions of U.S. law. You certify that you are an authorized user of the Card used to pay the Fees and you will not dispute these payment transactions with your bank or credit card company, so long as the transactions correspond to the Services you order.
If Payment Fails. In the case a charge is declined or returned for insufficient funds (“Failed Payment”), you understand that additional attempts will be made to process the payment. However, if the additional attempts continue to result in a Failed Payment, then you will have seven (7) days from our notice of the Failed Payment to pay the amount due. For each Failed Payment, an additional thirty-dollar ($30) charge will be initiated as a separate transaction from the authorized payment.
Utah Law. The Firm employs attorneys licensed in the state of Utah to provide the legal assistance. We also employ, or may employ, paralegals, legal assistants, clerks, interns and other office personnel. You acknowledge, Dana Ball Legal Services only provides Services that involve the application of Utah law.
Conflict of Interest. You understand that we provide legal assistance to a myriad of small businesses in the state of Utah related to their business practices. You agree that we may provide such legal assistance to other small businesses that is not substantially related to our work for you or any of your affiliates, even if such legal assistance is directly adverse to your business. Although your interests with others may be the same initially, it is not uncommon for circumstances to change and cause a divergence of interests between you and others that we may be providing such legal assistance such as but not limited to, current or potential business partners. We ask you to resolve your differences among yourselves, without our assistance. If you cannot resolve your differences, our ethical obligations may require us to withdraw from the Services completely. We will notify you if we discover a potential conflict of interest that requires you to sign a specific waiver of conflict.
Confidentiality. In the course of providing legal assistance to you, we may receive nonpublic personal information about you, your business, and possibly personal information regarding your company officers, directors, shareholders, managers, members, or employees. All such information will be held in strict confidence and will not be disseminated to any person or entity outside the Firm without your consent unless such disclosure is required under the applicable law.
Client Files. We may store some or all of your Client Files on a variety of platforms, including third-party cloud-based servers. Although we take every precaution to make sure the data and these servers are encrypted and secure, there still is a risk that your confidential or privileged information may be disclosed. You consent to the use of such storage services for your Client Files.
No Guarantees. You acknowledge that we have made no promises, representations or guarantees to you, and our opinions relative to the legal assistance are limited only to opinions based upon our experience and judgment. We have no continuing obligation to advise you with respect to future legal developments.
No Litigation. You understand that we do not handle any litigation matters. If you have legal issues that require litigation, then we can assist you in finding an attorney to handle the litigation matter.
No Tax Advice. We do not offer tax advice and any tax guidance you require is beyond the scope of this Agreement. We specifically disclaim any representations or advice, express or implied, including without limitation, any representations or advice with respect to your taxes, including personal and business taxes. You agree to consult with your tax advisor to make certain that you fully understand the tax ramifications of any decision made regarding this representation, the terms included in any documents we prepare for you, selling and purchasing ownership of a business, and any legal entities we set up for you.
Your Right to Terminate Representation. You may terminate our Services at any time for any reason by notifying us in writing of your desire to do so. Upon receipt of such “Client Notice to Terminate” representation, we will stop all legal work on your behalf immediately.
Our Right to Terminate Services. We only want to provide services that we believe are beneficial to our clients. Therefore, the Firm reserves the right to decline representation of you or to terminate its Services (to the extent permitted by the ethical and court rules) you have ordered if we determine, in our sole discretion, any of the following:
- The Services are inappropriate for your circumstances.
- The Services are beyond the Scope of Services we provide.
- You breach any material term of this Agreement.
- You fail to cooperate or follow our advice on any matter.
- If a conflict of interest develops or is discovered.
- If there exists at any time any fact or circumstance that would, in our opinion, render our continuing representation unlawful, unethical, or otherwise inappropriate.
If we decide to terminate our Services, then we will notify you by Email or U.S. Postal Service that we are terminating the Services effective on the date of dispatch (“Firm Notice to Terminate”).
Upon either a Client Notice to Terminate or a Firm Notice to Terminate, you agree to take all steps reasonably necessary and to cooperate as reasonably required to free us of any further obligation to perform legal services, including the execution of any documents necessary to complete our withdrawal from representation. While we are not obligated to do so, at the time of termination, we may suggest other attorneys that would be a better fit for the Services that we believe are more appropriate for your circumstances.
Fees and Costs if Services are Terminated Early. If Services are terminated by either party, before we complete the Services, you may be entitled to a refund of all, or part of the Fees based on the value of the legal services performed prior to termination. This means that you are responsible for our time spent working on the Services at the rate of $375 an hour (“Hourly Fees”) and any expenses incurred on your behalf prior to the Client Notice of Termination or prior to the Firm Notice of Termination. Within sixty (60) days of such termination, we will send you a “Closing Statement” that will set forth the Hourly Fees and expenses you owe. The Fees you paid will be applied to the balance due. A refund check will be issued if there’s any credit remaining after applying the Fees. If there’s a balance due after applying the Fees, then that is due and payable upon receipt of the Closing Statement.
Collection Costs. In the event that it becomes necessary for the Firm to hire an attorney to collect unpaid Hourly Fees and other costs incurred by you, then you agree to pay all such costs of collection, including any Hourly Fees, other attorney fees and costs (“Collection Costs”) incurred by the Firm on appeal, if any (whether incurred by an attorney employed by the Firm or employed by a different law firm). In the event the Firm elects to file a civil action to collect such Collection Costs, you agree that the venue for such action will be in Utah County, in the state of Utah.
What Information We Collect and Maintain About You
In general, you can visit our Web & Social sites without telling us who you are or sharing any information that personally identifies you (“Personally Identifiable Information”). However, throughout our Web & Social sites, you may voluntarily submit Personally Identifiable Information. Dana Ball Legal Services only collects Personally Identifiable Information about you if you choose to share it with us. For example, you may subscribe to one of our blogs or YouTube channel by providing your email address to us. You may also choose to provide Personally Identifiable Information by contacting an individual working for Dana Ball Legal Services via an email address provided in a hyperlink. Personally Identifiable Information may include, but is not limited to, your name, email address, physical address, and phone number.
In addition, like many Web & Social sites, we gather certain information about our Web & Social site traffic for administrative and analytical purposes.
How We Use Your Information
We use your information to administer services and to improve our Web & Social sites. Our primary use of personal information is to respond to requests for information, to promote the smooth and efficient administration of the Web & Social sites, and to provide you with information that may be of interest to you or your business. We provide this information to you through the Web & Social sites, by email, or by postal mail. We may also provide you with marketing information we think would be of particular interest, unless you have opted out of receiving such information. We will give you the opportunity to opt out of receiving such direct marketing communications.
Whom We Share Your Information With
We us various third parties to operate the Web & Social sites, including, for example, our providers of professional, consulting, marketing, communications and business development services. We may disclose personally identifiable information to such entities as needed for them to perform their specific tasks under our instructions, subject to these Terms. In addition, we may disclose information that you expressly authorize; as required by law or when we believe that such disclosure is necessary in connection with a judicial proceeding or to comply with a court order, law or regulation applicable to us or the Web & Social sites; as we reasonably determine to be necessary to protect our property or assert our legal rights; or as we reasonably determine to be necessary to protect the property or safety of any other person. We may assemble collective, non-individually identifiable profiles of the Web & Social site users and their activities and interests, which may be disclosed to third parties in our discretion.
To opt-out of receiving email communications from us or, to be removed entirely as a registered user of our Web & Social sites, notify us at hello@danaballLaw.com
How You Can Access or Correct Your Information
If you have created a user account on our Web & Social sites, we will provide you with access to your information upon your request so you may view, update or correct it. To protect your privacy and security, we also employ measures to verify your identity before granting you access or enabling you to make corrections.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we employ physical, technical and administrative procedures to safeguard the personal information we collect online. However, we cannot ensure or warrant the security to any information you transmit to the Web & Social sites or to us, and you transmit such information at your own risk.
We use “cookies” on the Web & Social sites. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Web & Social sites use to track the pages you’ve visited, but the only personally identifiable information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. You can configure your Internet Browser to notify you when you receive a cookie, giving you the chance to accept or refuse it. You can also refuse all cookies by turning them off in your browser.
Our Web & Social sites are not directed to children under the age of 13, and we do not knowingly collect Personally Identifiable Information from children under the age of 13. If we receive Personally Identifiable Information that we discover was provided by a child under the age of 13, we will promptly destroy such information. Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.
California Privacy Rights
Pursuant to California Civil Code Section 1798.83, California residents may request certain information regarding our disclosures in the prior calendar year, if any, of their Personally Identifiable Information to third parties for their own direct marketing purposes. To make such a request, please contact us at: hello@danaballLaw.com with “California Privacy Rights Request” in the subject line. You must include sufficient detail for us to locate your file; at a minimum, your name, email and postal address.
California “Do Not Track” Disclosures
We do not track your on-line activity across other websites, nor do we knowingly permit any third-parties to conduct online tracking of you while you are visiting our Web & Social sites.
Application of United States Laws
Our Web & Social sites are based on computers located in the United States. Your Personally Identifiable Information will be used and stored in the United States, where data protection and privacy regulations may differ from the level of protection as in other parts of the world.
These Terms were updated in March 2022. Dana Ball Legal Services reserves the right to change or amend these Terms at any time. If a change or amendment is made, it will be posted to the Web & Social Sites location and replace the existing Terms. We will post the date of the most recent revisions on this page. Through continued use of the Web & Social Sites, you impliedly consent to any changes to the Terms that are implemented.
If you have any questions about these Terms, please email us at hello@danaballLaw.com or call us at 801.851.5502.
"I have been working with Dana and her team for a little over a year now and our experience has been top notch. She was rigorous in helping our Business, Seven Brothers Burgers, create a refined organization and structure in which we could operate effectively. I highly recommend Dana and her team to anyone looking for legal expertise."