Terms of Use – Life Counsel Planning

Introduction

Welcome to Life Counsel Planning. By using or accessing our website, services, and resource pages, you agree to be bound by all of the following Terms of Use. These Terms of Use set forth the legal terms and conditions for your access to and use of our site, information, educational materials, legal resources, consultations, tips, and other content and services we provide to you as a user of our site. You agree to these Terms of Use when you use or access our site. If you do not agree, you should not access or use our website or resources. Life Counsel Planning is committed to the principles of transparency, security, and integrity for every participant in our services. Our goal is to deliver freedom through understanding – to individuals, families, and professionals – to help them become confident in their estate and legal planning efforts. If you have any questions about these Terms of Use, please let us know by sending an email to [email protected]. By accessing this website (https://lifecounselplanning.com/) or any of our resources provided through that website, you represent that you have read, understood, and agree to comply with these Terms of Use.

Operative Definitions

For purposes of these Terms of Use, the following are definitions of terms:

“Life Counsel Planning”, “Company”, “we”, “us”, or “our” means Life Counsel Planning, with a street address 301 W Platt St Ste 940, Tampa FL 33606.
“User”, “you” or “your” means the individual, family, professional or entity who accesses our website or uses the resources or services we deliver.
“Website” means https://lifecounselplanning.com/ and the associated pages/subdomains.
“Services” include all products, resources, consultancy and information made available by Life Counsel Planning and associated companies, including, without limitation, education and instruction, legal advisory information, blog articles, newsletters, and personal planning.
“Content” means all articles, information, guides, graphics, engaging media, newsletters and related service materials published and made available or provided by Life Counsel Planning.

Acceptance of Terms and Conditions

Your access to and use of our website or services means that you agree to be bound by these Terms of Use. Furthermore, by accessing, browsing, or otherwise using our website or services, you represent, warrant, and agree that you are: a) at least 18 years of age or possess legal parental or guardian consent; and b) fully competent to enter into and abide by these Terms of Use. If you do not agree to these Terms of Use, please immediately discontinue access to our website and do not use or make our services available to anyone.

Modifications to the Terms of Use

Life Counsel Planning may, in its sole discretion, change, modify, update, or revise these Terms of Use at any time for any reason. Such changes will be effective immediately upon posting to the website. Users are encouraged to review this page on a frequent basis to keep up with any updates. Your continued use of our website or services once the changes have been made constitutes your acceptance of the new terms. If you have questions concerning specific revisions, please contact us at [email protected].

Service Description

Life Counsel Planning offers a wide array of tools and services, including:

Educational content such as articles, guides, and tools regarding estate planning, wills, trusts, and powers of attorney
Legal professional advice and counsel on matters of elder law, long-term care planning, guardianship, and Medicaid qualification
Probate and trust administration support and services
Regularly published legal blog and newsletter
Personalized advice, consultations, and planning services

The Service is designed to provide users with a broad range of information and educational content to empower them to make decisions relevant to their estate planning and legal needs.

No Attorney-Client Relationship

Using Life Counsel Planning’s website, resources, or services does not create or evidence an attorney-client relationship between you and Life Counsel Planning, Life Counsel’s staff, or Sarah Mitchell. While the company is staffed by experienced attorneys including licensed attorney Sarah Mitchell, general information made available via the website is not intended as legal advice. Personal legal representation and attorney-client relationships must be established through contact with an attorney directly, and by doing so in writing (and a retainer is recommended for all cases). For inquiries related to personal representation or specific legal matters, please schedule a consultation and enter into a formal service agreement.

User Responsibilities and Conduct

As a Life Counsel Planning user, you must:

Only use the website and services in accordance with these Terms of Use and for lawful purposes
Provide truthful, current, and complete information as required by our newsletter subscription, consultation, or service request processes
Not impersonate any person or entity or misrepresent or attempt to misrepresent your affiliation with a person or entity
Not use the services or website for any purpose that may disrupt, damage, or interfere in any way with the security, functionality, or integrity of the website or services
Not attempt to gain unauthorized access to any portion of our website servers or the data stored therein
Respect the intellectual property rights of Life Counsel Planning and others

Failure to comply with these obligations may result in suspension and termination (and possibly legal action).

Account Registration, Credentials and Security

Certain website features of Life Counsel Planning may require you to furnish information and may also allow you to set up an account. You are responsible for keeping your account information confidential, and for maintaining the security of your account. You are responsible for all activity that occurs on or in relation to your password. If you become aware of or suspect unauthorized use of your account or password or a security breach, you must notify us immediately at [email protected]. Life Counsel Planning will not be liable for any loss or damage arising from your failure to comply with or meet these requirements.

Privacy Policy

Your privacy is important to Life Counsel Planning. Consistent with our Privacy Policy, Life Counsel Planning limits its use and disclosure of your personal information collected through this Site as described in the Privacy Policy. The Privacy Policy covers what information Life Counsel Planning collects, how it is used, and the choices that you have regarding your information. By using the Site and/or Services, you agree to Life Counsel Planning’s collection and use of your personal information as set forth in the Privacy Policy. Please see the Privacy Policy or contact [email protected] for questions or instructions on how to obtain a copy of the Privacy Policy.

Intellectual Property Rights

All material, including but not limited to articles, information guides, graphics, logos, videos, reports, and other content on Life Counsel Planning’s website are the exclusive property of Life Counsel Planning or its affiliates or licensors and are protected by applicable U.S. and international copyright, trademark, intellectual property, or proprietary rights. Any use, reproduction, distribution, modification, or derivative uses of our materials is strictly prohibited without the prior written permission of Life Counsel Planning. Website users are provided with a limited, non-exclusive, revocable permission to use the Life Counsel Planning website materials for their own personal, non-commercial use only.

Third Party Material and Links

Life Counsel Planning website may include links to other websites, resources, and/or content on the Internet for your convenience as a reference. We do not control, endorse, or adopt third party content or services and make no representation about their accuracy, reliability, or legality. Your use of any third party websites is subject to such third party’s terms and policies. We therefore encourage you to be cautious, and to review the terms and privacy policies of all external sites that you choose to access before agreeing to abide by their content or terms of service.

Disclaimers

Life Counsel Planning makes available its website, content, and services on an as is and as available basis with no warranties of any kind, express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, regarding the accuracy, completeness, currentness, reliability, suitability, or availability of our content or services. We do not warrant that:

The website or services will meet your requirements or expectations
The website will be uninterrupted, timely, secure, or error-free
Any errors or defects will be corrected

Users access and use our content and services at their own risk.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Life Counsel Planning, its affiliates, officers, directors, employees, agents, and content providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in any way relating to your access or use (or inability to use) of our website, contents, or services, including without limitation any damages for loss of profits, data, goodwill, or other intangible losses. This is the case even if Life Counsel Planning was advised of the possibility of such damage.

If you are not happy with all or part of our site and/or service, your only remedy is to stop using it.

Indemnification

In consideration of your use of this site, you agree to indemnify, defend, and hold harmless Life Counsel Planning, its affiliates, officers, directors, employees, agents, and contributors from and against all claims, liabilities, damages, losses, costs, or other expenses (including reasonable attorneys’ fees) arising from or in any way related to your use of the website, your violation of these Terms of Use, or your violation of any rights of any other person or entity.

User(s) Submissions and Feedback

Life Counsel Planning welcomes feedback, suggestions, and submissions concerning our content and services. By submitting any ideas, comments, questions, testimonials, or other materials to Life Counsel Planning, you grant Life Counsel Planning a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such submissions in any media or format and for any purpose, in whole or in part, without compensation or attribution unless otherwise agreed in writing. You represent and warrant that such submission does not infringe upon the rights of any person or entity or contain any unlawful material.

Fees and Charges

Life Counsel Planning is pleased to offer a variety of free and fee-based services. Access to educational articles, blog postings, and newsletters are offered free of charge. Individual consultations, legal planning services, and various other fee-based services may be offered on a fee-for-service basis at rates communicated upfront prior to engagement. Payment will be collected at the time services are rendered, or as otherwise specified in your service agreement with Life Counsel Planning. Payments may easily be remitted using most major credit card and electronic payment carrier systems. Refund policies, if any, for specific services are identified in the service agreement for individual engagements. Inquiries regarding billing may be sent to [email protected] or made via telephone at (656) 253-7412.

Cancellation, Suspension, and Refund Policy

Users may cancel scheduled consults or planning services upon written notice given to Life Counsel Planning no less than 24 hours prior to the scheduled appointment. A cancellation fee, as set forth in your agreement for services, may be charged for cancellations that occur less than 24 hours prior to the appointment. Where requested out of pocket costs have been prepaid, refunds will be made according to the terms and provisions of your agreement for services. Refunds will not be issued for subscriptions to newsletters, blogs, or downloads. Please call [email protected] for more information.

News and Communications

If you subscribe to or opt in to Life Counsel Planning’s newsletter, you grant us permission to occasionally email you articles, tips, updates, and promotional messages. You may unsubscribe at any time through the instructions in each email or by emailing [email protected]. Your privacy matters to us and we will handle your contact information in accordance with our Privacy Policy.

Prohibited Uses

You shall not use the Life Counsel Planning website or services to:

Conduct any illegal, fraudulent, harassing, malicious, or deceptive activity
Upload, post, email, transmit, or otherwise make available any virus, trojan horse, worms, time bomb, or any other harmful computer code
Collect or harvest information about others without their express consent
Interfere or attempt to interfere with the proper working of the website, or any activities conducted on any site to which the website may be linked
Circumvent or attempt to circumvent any contractual limits, security authentication (userids/passwords), or security measures
Post or transmit any material that is defamatory, abusive, obscene, harassing, profane, or otherwise offensive

Violation of the above-proscriptions may lead to immediate termination of access, removal of material, and/or legal action.

Termination of Access

Life Counsel Planning reserves the right in its sole discretion to suspend or terminate your access to the website, services, or any part thereof at any time and for any reason whatsoever, including but not limited to breach of these Terms of Use. Upon termination, all rights granted to you under these terms of use will immediately terminate and any outstanding obligations (including fees owing) will continue in force (and continue against us, the service provider). Life Counsel Planning shall not be liable for any damages as a result of any suspension or termination.

Applicable Law and Jurisdiction

These Terms of Use and any disputes arising out of or related to the website or services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Hillsborough County, Florida for the resolution of all disputes.

Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms of Use, and/or your use of this website or our business, the parties will attempt in good faith to work out their differences informally. If an amicable informal resolution cannot be achieved, then the parties agree that the dispute will be settled by binding arbitration in Tampa, Florida, according to the rules of the American Arbitration Association. All such arbitration shall be conducted by an arbitrator to be appointed and selected pursuant to the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding anything else herein, Life Counsel Planning reserves the right to seek injunctive relief or other equitable or legal relief in any competent court with regard to matters concerning its intellectual property rights.

Severability

To the extent that any provision herein is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, then such provision shall be rendered as severable and shall not affect the validity and/or enforceability of the other provisions hereof. Such remaining terms shall remain in full force and effect.

Entire Agreement

These Terms of Use, together with the Privacy Policy and any other agreements you enter into with Life Counsel Planning, constitute the entire agreement between you and Life Counsel Planning regarding the use of the website and services. Any prior agreements, representations, or understandings, written or oral, are superseded by these terms.

Waiver

No waiver of any term of, or condition set forth in, these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure of Life Counsel Planning to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

Assignments

You may not assign or transfer any rights or obligations under these Terms of Use without the prior written consent of Life Counsel Planning. Life Counsel Planning may assign its rights and obligations under these terms at any time, without restriction or notice to users, in connection with a merger, acquisition, sale of assets, or other business transaction.

Children’s Privacy

Life Counsel Planning’s Web Sites and Services are not targeted at children under the age of 18. We do not knowingly collect or solicit personal information from children under age 18. If we learn that we have collected personal information from a child under age 18, without verification of parental consent, then we will take steps to delete such information.

If you believe we have collected or received personal information in violation of this policy, please contact us at [email protected].

ADA Statement

Life Counsel Planning is committed to providing an accessible and easy to use experience to all visitors regardless of ability. We are actively working to ensure that our site meets or exceeds industry requirements. Should you have any problems accessing or using information and services, please email [email protected] or call (656) 253-7412. Feedback is welcome and we are continuously striving for improvement.

Contact

Questions, concerns, or requests with respect to these Terms of Use or other matters relating to use of any our services should be directed to Life Counsel Planning by any of the following means:

301 W Platt St Ste 940
Tampa FL 33606
Ph: (656) 253-7412
E-mail: [email protected]
Website: https://lifecounselplanning.com

Our staff is on hand to help and we appreciate your input.

Acknowledgment and Acceptance

Your use of Life Counsel Planning’s Website, Content, and/or Services indicates that you have read and understand these Terms of Use, as well as the Privacy Policy, and you agree to be bound by them. If you do not accept these Terms, please do not continue to use our Website and/or Services. Thank you for allowing Life Counsel Planning to be your trusted provider of estate & legal planning.