
Terms and Conditions
Welcome to the Melisa Malcom Esq. website (the "Site") that is owned and operated by Melissa P. Malcom, LLC, a Georgia limited liability company. Please read the below terms carefully, because your use of the Site constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Site. Melissa P. Malcom, LLC, in its sole discretion and without notice to you, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes.
NO ATTORNEY-CLIENT RELATIONSHIP
The Site and the information we provide on the Site DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP between the user and Melissa Malcom or any other attorney. The information and information products provided on and through the Site are designed to provide general information regarding the subject matter covered. The user understands and acknowledges that in order to create an attorney-client relationship and obtain actual legal advice, a signed contract, or representation letter, must be signed between the client and an attorney expressly creating an attorney client relationship. EACH AND EVERY USER OF THIS SITE IS ENCOURAGED TO SEEK ONE-ON- ONE LEGAL ADVICE FROM AN ATTORNEY LICENSED TO PRACTICE IN THE STATE WHERE THEIR BUSINESS OPERATES, AS THAT IS THE BEST METHOD TO PROTECT YOUR BUSINESS.
GENERAL INFORMATION ONLY
The Site and all information products and coaching offered through the Site are designed to provide general information in regard to the subject matter covered. It is offered and made available with the understanding that the publisher and author are not engaged in rendering legal, accounting, insurance, or other professional services. If you desire or require legal, accounting, insurance or other professional services, you should seek independent professional services.
CONSUMER NOTICE: DISCLOSURE OF AFFILIATE MARKETING
Melissa P. Malcom, LLC, and Melissa Malcom receive “affiliate commissions” for promoting products and services sold by others. You should assume that Melissa P. Malcom, LLC, is receiving compensation and/or has another material connection to the providers of goods or services mentioned on this Site and may be compensated when you purchase such goods or services, such as any book, product or service reviewed, promoted or discussed on this Site.
You should always perform due diligence before buying goods or services from anyone via the internet or offline.
Costs of Collection and Attorney’s Fees
When you order items from the Site, you are agreeing to pay for such merchandise, unless it is returned pursuant to the terms of the Site’s Refund and Exchange Policy. If you utilize a form of payment that is not rightfully yours, and Melissa P. Malcom, LLC,’s account is charged back by your credit card or debit card issuer or pay pal – outside of a return made as set forth in the Refund and Exchange Policy – then you shall be liable to pay the cost of the item and shipping costs, all charge back fees paid by Melissa P. Malcom, LLC, by reason of your unauthorized use of your form of payment, the costs of collecting such payment, interest at the maximum rate allowed by law and reasonable attorney’s fees.
Copyright and Trademarks
The entire content (images and text) of the Site is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of Melissa P.
Malcom, LLC.
All Melissa P. Malcom, LLC, trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Melissa P.
Malcom, LLC. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of Melissa P. Malcom, LLC, is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Melissa P. Malcom, LLC, actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Your Account
When and if you use the Site, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s).
You also agree to accept sole responsibility for any and all activity that occurs under your Account. When you use any form of payment to make purchases through the Site, you represent and warrant that the credit card, debit card, pay pal account, and the like, are yours and you have authorization to use such form of payment.
User Submissions
Any comments, suggestions, ideas, materials and other submissions ("User Submissions") that you send to Melissa P. Malcom, LLC, are provided on a non-confidential basis. By submitting User Submissions, you are granting Melissa P. Malcom, LLC, an irrevocable, royalty-free, perpetual, worldwide, and fully sublicenseable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Melissa P. Malcom, LLC, the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.
You agree that no User Submission made by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Submissions made by you to the Site will be or contain material that
is false, misleading, libelous, unlawful, abusive, indecent, or obscene. You agree that you will remain responsible for the content of any User Submissions you make and that you will not seek to hold Melissa P. Malcom, LLC, liable for the User Submissions of others.
We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Use, is otherwise objectionable, or for any other reason without prior notice.
Links to Other Websites
When you access a non-Melissa P. Malcom, LLC, website, please realize that it is independent of Melissa P. Malcom, LLC. Linking to any off-site pages is at your own risk. Melissa P. Malcom, LLC, makes no warranties or representations about any non-Melissa P. Malcom, LLC, website and has no responsibility for such websites or their content. In addition, certain third party sites may also provide links to Melissa P. Malcom, LLC, websites. None of such links should be deemed to imply that Melissa P. Malcom, LLC, endorses such third party sites or any content therein.
By accessing the Site, each user also agrees not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site or would otherwise violate the law. Melissa P. Malcom, LLC, reserves the right to take such action as it deems appropriate in cases where Melissa P. Malcom, LLC, websites are used to disseminate such materials.
Your Right to Use the Site
You are authorized to use the Site only for personal, non-commercial purposes. You may download or copy the content displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
By accessing the Site, you agree not to use the Site in any way that is prohibited by these Terms of Use, including by using the Site in a way that is illegal or could give rise to civil liability or that could violate the security of Melissa P. Malcom, LLC, websites or otherwise cause injury to Melissa P. Malcom, LLC, or any other party. Melissa P. Malcom, LLC, reserves the right to take such action as it deems appropriate in cases where Melissa P. Malcom, LLC, websites are used to disseminate such materials.
Pricing
Prices displayed on the Site are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time.
Information Accuracy
Melissa P. Malcom, LLC, will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains inaccuracies or omissions and/or typographical errors, that may relate to the subject matter covered, product descriptions, pricing, availability and other matters. In order to present these subject matters for general use, they must be simplified and details and exceptions must be omitted that may alter how the law applies to or affects you or your business. Melissa P. Malcom, LLC, makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. Melissa P. Malcom, LLC, reserves the right to correct any errors and to update Site information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause you.
International Use
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Indemnity
You agree to defend, indemnify and hold Melissa P. Malcom, LLC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in
connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Disclaimer
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS." Melissa P. Malcom, LLC, DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NEITHER MELISSA P. MALCOM, LLC, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF MELISSA P. MALCOM, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THE SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
Site Transactions
We do not authorize the purchase of our products for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Miscellaneous
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court
sitting in the State of Georgia. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Melissa P. Malcom, LLC,’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
Termination
Melissa P. Malcom, LLC, may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Melissa P. Malcom, LLC,'s sole discretion you fail to comply with any term or condition of this Agreement.
Refund and Exchange Policy
Unless expressly sold as “sales final” or “no refund” or “no guaranty,” Melissa P. Malcom, LLC, will give a full refund as provided herein. If you need to return or exchange any item purchased from Melissa P. Malcom, LLC, through MelissaMalcom.com, you may do so if we receive your request for Refund within 30 days of the date of purchase, delivered to questions@melissamalcom.com or P.O. Box 1630, McDonough, Georgia 30253. We will issue your refund via the same payment method you used for purchase. We are not responsible for items lost in the mail, and encourage you to use a shipping method with a tracking number for your return. We do not refund your shipping cost for your original order, but we will not charge you to ship your replacement product. We also do not pay your cost to ship the returned merchandise back to us.
"My passion is preventing legal problems before you are sued. My simple answers and checklists keep business owners making money, instead of wasting money and time in a courtroom."
-Melissa
