Terms and Conditions
The Perfect Witness—Purchase Order Terms & Conditions
ACCEPTANCE: These terms and conditions govern all Orders ("Orders") for The Perfect Witness training program at theperfectwitness.com. All Orders shall constitute acceptance of the terms and conditions included or referenced within this document (the "Contract Terms").
ACKNOWLEDGEMENT: All Orders expressly acknowledge that no attorney-client privilege is created by use of the program nor shall anything within the training video be considered, viewed, interpreted as, or implied, in any manner, that the program is providing legal advice. The Perfect Witness program is an informative, training program which provides suggestions for witnesses to use in handling the deposition process. Nothing in the video is intended to explain how any witness should respond to any specific question posed during the deposition. Additionally, when sent by a lawyer to a client, The Perfect Witness suggests that every lawyer review the information taught in the video program to ensure compliance with all local and state laws within your jurisdiction.
DISCLAIMER OF WARRANTIES: The Perfect Witness expressly disclaims all express or implied warranties for all Orders.
INVOICES: The Perfect Witness agrees to issue invoices referencing the witness’ name, cause number and/or client matter number if one is provided. Taxes, if any, that are to be collected by The Perfect Witness shall be stated separately in each Invoice and shall be remitted to the appropriate taxing authority.
PAYMENT: As full consideration for all Orders, you are required to pay each and every invoice not later than thirty (30) days following receipt of said invoice(s). All payment terms will be calculated based upon date of invoice and payment terms will be considered satisfied based upon date of postmark of payment. All invoices shall be mailed to the address provided in the table below:
The Perfect Witness, LLC
PO Box 55455
Houston, Texas 77255
INTELLECTUAL PROPERTY: Use of The Perfect Witness program does not grant any rights to you or the viewer in any of the content, development, design, programming, training, writings, recommendations or other information contained in The Perfect Witness program, nor do you, your clients, and/or affiliates have any rights in the information or material embodied in any of the tangible or audible mediums contained with the program and website. Your rights are for viewing and general informational purposes only.
LIMITATION OF LIABILITY: IN NO EVENT WILL THE PERFECT WITNESS OR ANY OF ITS OWNERS, OFFICERS, LAW FIRM OR MEMBERS BE LIABLE FOR ANY ORDERS TO YOU OR ANY THIRD PARTY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY LOSS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM OR AS A RESULT OF ANY ORDER, OR ANY AGREEMENT BETWEEN THE PARTIES RELATING TO ANY ORDER. THE PERFECT WITNESS’ LIABILITY, IF ANY, FOR ANY ALLEGED ACTUAL DAMAGES WILL BE LIMITED TO THE COST OF THE ORDER WITHOUT EXCEPTIONS.
GOVERNING LAW/SUBMISSION TO JURISDICTION AND ARBITRATION: You agree that the laws of the state of Texas shall govern the interpretation of this agreement, and venue of any legal proceeding involving this agreement or services rendered by us under the terms of this agreement will be in Harris County, Texas. Any controversy, dispute, or claim arising out of or related to an Order, or any other aspects of The Perfect Witness training video, content or statements contained therein which cannot be amicably resolved by you and us will be resolved by binding arbitration in Houston, Texas. The arbitration will be conducted as to process by utilizing the American Arbitration Association Commercial Arbitration Rules; however, the arbitration will not be administered by the American Arbitration Association unless we specifically so agree in writing at the time. Judgment upon any resulting award may be entered in any court having jurisdiction to enforce the same. If the amount at issue in the dispute is $250,000 or less, it shall be resolved by a single arbitrator. If the amount at issue in the dispute is greater than $250,000, it shall be resolved by a three-member panel of neutral arbitrators. The arbitrator or arbitrators shall be chosen by us jointly. If we are unable to agree, the arbitrator or arbitrators shall be named by the then-sitting Chief Administrative Judge for the Harris County Civil District Courts upon application by either of us. Each such arbitrator shall be either a practicing attorney licensed for not less than 15 years or a retired judge. In all events, such person(s) shall be currently licensed to practice law in Texas. Placement of any Order is subject to and constitutes waiver of any objections which you or your client, if applicable, may have based on improper venue or forum non conveniens to the conduct of any arbitration.
ENTIRE AGREEMENT: The written agreement shall constitute the entire agreement of sale and purchase covered by the Order.