Last Updated: December 29, 2025
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 12). THIS AGREEMENT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES DISPUTES TO BE RESOLVED INDIVIDUALLY AND NOT ON A CLASS-WIDE BASIS.
1. Acceptance of Terms
Welcome to the website of the Law Offices of Thomas Nowland (“we,” “us,” or “our”). By accessing our website, purchasing or using for free, our educational courses (via LearnPress), downloading resources, or using our interactive features (including Intercom, Tawk.to, or Slack communities), or engaging in any other interaction with the technologies on our website, you agree to be bound by these Terms of Use (“Terms”).
If you do not agree to these Terms, you must immediately discontinue use of our Services.
2. NO ATTORNEY-CLIENT RELATIONSHIP
PLEASE READ CAREFULLY:
- Educational Purpose Only: The content provided on this site, including courses, templates, blog posts, and free downloads, is for educational and informational purposes only. It does not constitute legal advice.
- No Professional Relationship: accessing this site, purchasing a course, or using our contact forms does not create an attorney-client relationship between you and the Law Offices of Thomas Nowland.
- Formation of Relationship: An attorney-client relationship is formed only when a written engagement letter or retainer agreement is signed by both you and Thomas Nowland. Until such time, you should not disclose confidential information through our website forms or chat widgets.
3. Use of Digital Products and Content
3.1 License Grant
When you purchase a course or download a file (free or paid), we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the content for your personal, non-commercial use.
- Prohibitions: You may not resell, redistribute, sub-license, or share your login credentials with any third party.
- Platform: Course delivery is facilitated by LearnPress. Your access is subject to your compliance with these Terms.
3.2 User Accounts
To access certain features, you may be required to create an account. You are responsible for maintaining the confidentiality of your password. We reserve the right to terminate accounts that share credentials or violate these Terms.
4. Financial Incentives and Gated Content
In accordance with the California Consumer Privacy Act (CCPA), we may offer you access to specific content (e.g., whitepapers, templates) in exchange for your email address.
- Incentive: Access to the “Locked” content.
- Price of Data: We value your contact information based on our good-faith estimate of the operational costs to produce the content and manage our marketing database.
- Withdrawal: You may withdraw from this incentive at any time by unsubscribing from our emails via Omnisend (subject to change without notice) or contacting us to delete your data, though this may result in the loss of access to the gated content.
5. Third-Party Technologies and Data Sharing
Our Service integrates various third-party tools to function. By using the Service, you acknowledge and agree to the following data practices:
- Customer Relationship Management: We use HubSpot and Omnisend to manage user data. You consent to the transfer of your data to these processors for the purpose of fulfilling your requests.
- Analytics: We use Google Analytics, Global Site Tag, and ExactMetrics and others to analyze traffic. These tools may collect your IP address and browsing behavior.
- Embedded Content: We use EmbedPress and YouTube and others to display media. Interacting with this content subjects you to the Google/YouTube Terms of Service.
- Social Media Pixels: We utilize tracking pixels from Facebook, Twitter (X), LinkedIn, and DoubleClick and others. These tools allow us to serve targeted advertisements (“Cross-Context Behavioral Advertising”).
Opt-Out: You may opt out of interest-based advertising by visiting the Network Advertising Initiative consumer opt-out page at http://optout.networkadvertising.org.
6. Communication and Recording Consent (CIPA Notice)
To provide customer support, we utilize live chat and messaging technologies provided by Intercom, Tawk.to, or Slack and others . Express Consent: By typing a message into our chat widgets or contact forms (including Contact Form 7), you expressly consent to the recording, storage, and processing of your communications by these third-party service providers for quality assurance and customer support purposes. You acknowledge that these communications are not encrypted end-to-end and should not contain sensitive legal details.
7. Interactive Features and Maps
- Google Maps: Our site implements Google Maps APIs. By using this feature, you agree to be bound by Google’s Additional Terms of Service. You agree not to scrape or cache Google Maps data.
- reCAPTCHA: This site is protected by reCAPTCHA and the Google Privacy Policy and(https://policies.google.com/terms) apply.
8. Payment and Refunds
- Authorization: By purchasing a course, you authorize us to charge your payment method for the listed fee.
- Refund Policy: Refund requests must be made within 24 hours of purchase, and no more than 30 minutes of course content may have been consumed.
9. Disclaimers and Limitations of Liability
9.1 “As-Is” Warranty
THE SERVICE, INCLUDING ALL DOWNLOADS, COURSES, AND CONTENT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR SECURE FROM MALWARE.
9.2 Limitation of Liability
IN NO EVENT SHALL THE LAW OFFICES OF THOMAS NOWLAND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED HEREIN. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE.
10. Indemnification
You agree to indemnify and hold harmless the Law Offices of Thomas Nowland from any claims, damages, or expenses arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
12. DISPUTE RESOLUTION: BINDING ARBITRATION AND MASS CLAIM WAIVER
READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHTS.
12.1 Agreement to Arbitrate (Ad Hoc)
Any dispute, controversy, or claim arising out of or relating to these Terms, your use of the Service, or any products sold (“Dispute”) shall be resolved by binding arbitration. The arbitration shall be “ad hoc” and shall not be administered by the American Arbitration Association (AAA), JAMS, or any other specific arbitration administrator.
12.2 Selection of Arbitrator (CCP § 1281.6)
The parties shall attempt to agree on a single neutral arbitrator. If the parties cannot agree on an arbitrator within thirty (30) days of the initial demand for arbitration, the arbitrator shall be appointed by the Superior Court of California for the County of [Insert County, e.g., Orange/Los Angeles], pursuant to California Code of Civil Procedure § 1281.6. The parties intend that the Court shall appoint a retired judge or an attorney with at least 10 years of experience in commercial law.
12.3 Mass Filing and Batching Protocol
To ensure the efficient resolution of disputes and to prevent the abuse of the arbitration process: If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel (“Mass Filing”), these claims shall be organized into batches of 50.
- Batching: The first batch of 50 claims shall proceed to arbitration. The arbitration fees for this batch shall be shared/allocated as determined by the Arbitrator or applicable law.
- Stay of Proceedings: All other claims in the Mass Filing shall be stayed and the statute of limitations tolled until the first batch is resolved.
- Selection: The arbitrator for each batch shall be selected via the process outlined in Section 12.2.
- Mediation: After the first batch is resolved, the parties agree to engage in global mediation for the remaining claims before proceeding with subsequent batches.
This “Batch Arbitration” process is a material term of this agreement.
12.4 Class Action Waiver
You and the Law Offices of Thomas Nowland agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
12.5 30-Day Right to Opt-Out
You have the right to opt out of this Arbitration Agreement. To do so, you must send written notice of your decision to opt out within 30 days of your first use of the Service or purchase of a product. If you opt out, this Section 12 will not apply, and disputes will be resolved in the state or federal courts of California, or Orange County, California as applicable.
13. Contact Information
For questions regarding these Terms, please contact us via our website contact form. You may write to us at :
Nowland Law Attn: Web administrator
20241 SW Birch St #203
Newport Beach, CA 92660