Terms & Conditions

Terms & conditions

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between MarkSetGo Law, P.C., having its registered office address at 89 North Main Street Attleboro, MA 02703 (USA) (hereinafter referred to as the “Company” or “MarkSetGo” or “us” or “our” or “we”) and you (hereinafter referred to as “you” or “your” or “user(s)” or “customer(s)” or “client(s)”) and shall also govern your use of www.marksetgolaw.com/ (hereinafter referred to as the “Website” or “Site”).

Please read these Terms carefully, as these, along with our Privacy Policy statement forms the entire agreement between you and MarkSetGo. If you do not accept these Terms in their entirety, then you may not use the site or avail our any of our services (including without limitation, consultation and other legal services).

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our Privacy Policy statement.

1. Acceptance of the Terms & Conditions
   By accessing or using our Website in any way or by booking a consultation or availing a legal service or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
   1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
   2. You are of sound mind and at least of such minimum legal age as per the jurisdiction of the State in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.
   3. We must not have previously disabled your account for violation of law or any of our policies.
   4. You have read, understood and consented to our Privacy Policy statement.
2. Use of the Site
   1. Allowed uses:
      1. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
      2. Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, business details, billing details, email, contact number etc.
      3. Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, sound material, or other content published on the Website, whether a copyright of MarkSetGo, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
   2. Restricted uses:
      1. You can’t provide inaccurate information.
      2. You can’t raise or comment or write review on any political, racist or such other issue which effect’s a person, community or society.
      3. You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
      4. You must not:
         • republish material from this Website;
         • sell, rent or sub-license material from the Website;
         • show any material from the Website in public without our consent;
         • edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
         • reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
         • redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
         • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
         • We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
      5. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
      6. You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
      7. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.

3. Writing a Review or leaving a Feedback/Testimonial
   You may be able to share your experience of how you feel about our services, and provide a feedback or review. In such case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on ours, or any third-party rights.

4. Ownership Rights
   1. MarkSetGo’s Rights: This Website, its logos, its content, designs, trademarks, trade dress, trade name, content and all of our services, shall remain the sole property of the MarkSetGo, and/or its licensors, as the case may be. Your use of or access to this Website or availing of our services, shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, services, or any content, published by us or our licensors or third parties. This Website and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the MarkSetGo and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the MarkSetGo.
   2. Content published by You:
      1. The feedback/review that you write or share may be protected by intellectual property laws. You own the intellectual property rights in any such feedback that you share on the Website. Nothing in these Terms takes away the rights you have to your own feedback. You are free to share your feedback (except defamatory one) with anyone else, wherever you want.
      2. However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this feedback of yours. This is solely for the purposes of providing and improving our services.
      3. Specifically, when you share feedback that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Website. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, we might not display the same.
      4. You can delete your feedback or your account from our Website at any time.

5. Confidentiality of your Information

Whenever you share any proprietary information with us, either during consultation, or while providing us with the necessary details to avail our legal services, we will make our best effort to protect the confidentiality of such information. We will not knowingly share or disclose this information with anyone, except as required by applicable law, or as per the practices mentioned in our Privacy Policy statement. However, you understand and acknowledge that despite our best attempts, no information on the internet is 100% safe, and the same is prone to cyber attacks.

6. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

7. Links to Third-party Sites

The Website might contain links to third-party websites, products and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of MarkSetGo, and MarkSetGo is not responsible for any third-party links. MarkSetGo provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, MarkSetGo shall not be responsible.

8. Orders, Payments and Taxes

All orders are subject to acceptance and you agree to pay for the services that you purchase on our Website, and you authorize us or our third party payment service providers to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes (wherever applicable). We reserve the right to modify the prices of our services or discontinue any of the services, at any time at our sole discretion, without any prior notice.

9. Cancellation, Re-schedules and Refunds
   1. Cancellation: Once you have paid and booked our consultation service, you are entitled to cancel the same at any time, but at least 48 hours prior to the scheduled call. In such cases, you shall be entitled to a full refund, which shall be credited to your original payment method, within a period of 7-10 working days.
   2. Re-schedule: After you have paid and booked our consultation service, you also have an option to re-schedule the same, simply by sending an email to info@marksetgolaw.com with your name, contact number, missed appointment date, and proposed new date and time. We will discuss and confirm you the new appointment date and time as suitable to each of us. You can re-schedule only at least 24-hours prior to your scheduled time. We reserve the right to re-schedule any consultation at any time, for reasons beyond our reasonable control, by providing you an intimation for the same.
   3. Other Cases: Except as mentioned in sub-clause (a) and (b) above, you shall not be entitled to a refund, for either the consultation service, or for any other legal service, except to the extent as required by applicable law. However, feel free to share your feedback and concern at info@marksetgolaw.com, and we’ll try to do what’s best possible.

10. Disclaimer
    The site and all its services (including consultation service and other legal services) are provided on an “as-is” and “as available” basis, and MarkSetGo (and our employees, agents, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of desired result, satisfaction, merchantability, fitness for a particular purpose, title, quiet enjoyment, and accuracy. We (and our employees, agents, licensors and affiliates) make no warranty that the Site or our service will meet your requirements or likeness, will give you a desired result, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, or safe.

In certain jurisdictions, the law may not permit the Disclaimer of Warranties, and in such event, the Disclaimer mentioned above shall not apply to you in so far as it is not allowed.

11. Limitation of Liability
    1. To the maximum extent permitted by law, in no event shall MarkSetGo (or our employees, agents, licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if MarkSetGo has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or business, or loss of data resulting therefrom.
    2. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount to us by you in the preceding 6 (six) months. The existence of more than one claim will not enlarge this limit. You agree that our employees, agents, owners, licensors, or affiliates will have no liability of any kind arising from or relating to these Terms.

12. Indemnity
    You acknowledge to defend, indemnify and hold MarkSetGo, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
    1. Your violation of ours or any third-party right;
    2. Your wrongful or improper use of our, services and Site;
    3. Your violation of any applicable laws, rules or regulations;
    4. Your violation of these Terms or any other policy of MarkSetGo as associated with our services;
    5. The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

13. Copyright Infringement
    1. Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim at info@marksetgolaw.com for such complaints and claims.
    2. You are required to follow the below procedure to file a claim:
       1. Identify in writing the copyrighted material that you claim has been infringed upon;
       2. Identify in writing the copyrighted material that has infringed upon your copyright;
       3. Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
       4. Provide your physical and/or electronic signature;
       5. Send us a written communication to info@marksetgolaw.com;
       6. You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

14. Governing Law and Dispute Resolution
    1. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of Massachusetts.
    2. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate State or Federal courts located in Attleboro, Massachusetts.

15. Notices
    When you use the Website or send emails to MarkSetGo, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. MarkSetGo will communicate with you by email or phone or WhatsApp or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address or phone number or SMS or WhatsApp as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to info@marksetgolaw.com.

16. Miscellaneous
    1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
    2. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between MarkSetGo and you or any other party be deemed to modify any provision of these Terms.
    3. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
    4. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
    5. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MarkSetGo, which may be withheld at MarkSetGo’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
    6. Entire Agreement: The Terms, and our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between MarkSetGo and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
    7. Force Majeure: MarkSetGo, its employees, and agents will be excused from performance for any period during which, and to the extent that, such party is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, communication line failures, and power failures.
    8. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

17. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or with any content or service of MarkSetGo, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at info@marksetgolaw.com.

18. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: info@marksetgolaw.com.

Last updated on February 1, 2022.