Terms of Service

Welcome to BOI-Labs.com (hereinafter, “BOI-Labs“). This website is owned and operated by BOI-Labs, LLC, a New Mexico limited liability company.  We are Lawyers Who Code.

Use of this website, including the purchase of any of our legal or non-legal services offered thereby (our “Services”) shall be governed by the following Terms of Use, our Privacy Policy, and our Cookie Policy (the “Agreements”). Please read these Agreements carefully. By continuing to use this website and/or by purchasing any legal or non-legal services from us, you agree to be subject to the Agreements, including these Terms of Use.

These Terms of Use do not alter or supersede any other written agreement you may have with us except to the extent that such an agreement refers to the current Terms of Use.

Purpose

BOI-Labs is a digital commerce website that provides access to resources (e.g., our Blog and Discussion areas) and a means of purchasing SaaS-based services, as well as directing visitors, users and clients of said SaaS-based services to other companies, law firms and attorneys, for the provision of legal and non-legal services.

Personal Information and Privacy

By creating a user account on this website or otherwise using this website or our Services, you are providing us with your personal information. This personal information can include information you intentionally provide to us, such as your name, address, email address, phone number, or payment information, and can also include information automatically collected by this website, such as your web browser and operating system information, location information, and a record of pages within this website that you access. Your use of this website and our collection and use of this personal information is subject to our Privacy Policy. We encourage you to carefully review our Privacy Policy, as it is designed to inform you about how and why we collect and use your data, what data we collect, and what your rights are to control your data.

Electronic Communications

By creating an account on this website, contacting us via email, or otherwise providing your email address to us, you consent to receive emails or other electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on this website, satisfy any legal requirement that such communications be in writing. With regard to communications containing announcements, advertisements, or solicitations, you have the right to revoke this consent at any time and opt-out of such communications. Please refer to our Privacy Policy for a better understanding of your rights and how to opt-out of such communications.

Your Account

If you use this website, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, whether or not undertaken by you. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account credentials or any computer or other device through which your account has or can be accessed. We and our associates reserve the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit content published to the Site.

We do not knowingly collect, by any means, personal information from persons under the age of thirteen (13) years. If you are under eighteen (18) years, you may use this website only with permission of your parent or guardian.

Cancellation Policy

You may request a cancellation of your subscriptions or of purchased Services at any time by submitting a written request to BOI-Labs via email to [email protected] or postal mail to our office address listed in our contact information below. For monthly or yearly subscriptions, your cancellations MUST be received at least 2 business days prior to their scheduled renewal date. Refunds after the subscription renewal order has processed are not refundable. Refunds for Services and pro-rated refunds for subscriptions terminated prior to their expiration may be available, subject to our Refund Policy.

Refund Policy

You may request a refund for any unused portion of a subscription service or for any unfulfilled legal or non-legal Services you purchase. BOI-Labs may, in its sole and absolute discretion, either approve or deny your request for a refund based on such considerations as, for example and without limitation, whether BOI-Labs has completed or made substantial progress in providing the Services. BOI-Labs will generally approve refund requests for any Services before they are performed. In the event that BOI-Labs approves your request for a refund, your refund may be reduced by any costs, fees, or expenses incurred by BOI-Labs pursuant to or in fulfillment of your order.

Client Cooperation

Our ability to provide Services depends in large part on our clients’ full and timely cooperation. If BOI-Labs, in its sole and absolute discretion, determines that you are failing or unwilling to provide cooperation, BOI-Labs may withdraw, terminate, or cancel the Services at any time, with or without notice. Cooperation may include, without limitation:

• Responding to emails, phone calls, and other communications from BOI-Labs
• Providing documentation as may be requested by BOI-Labs
• Providing complete and honest facts about your matter as may be requested by BOI-Labs
• Paying any and all amounts due to BOI-Labs in a timely manner
• Signing any legal documents as many be requested by BOI-Labs or required for completion of the Services you order

Representations of BOI-Labs

Here at BOI-Labs, we strive to always provide our clients with a positive experience. If you purchase Services from us, we agree to:

• Always communicate promptly with you
• Provide timely and relevant updates and information on the status of your order
• Not expense any additional fees not previously agreed upon without your express written consent
• Keep and maintain your records in a safe, private, and confidential manner

Authorization by Client

By purchasing Services from us, you authorize us to act on your behalf to perform the Services purchased. This authorization may be revoked at any time, and you may be entitled to a refund of any amounts paid based on our Cancellation and Refund policies.

Billing Policy

By purchasing Services from us, you agree to pay BOI-Labs any fees incurred or approved by you which are not pre-paid during the online purchase process within ten (10) days of receiving an invoice from BOI-Labs. Any amounts not paid within that timeframe may be, in BOI-Labs’ sole and absolute discretion, subject to a late fee in the amount of $100 per month or ten percent (10%) of the unpaid balance due per month, whichever is greater.

Chargeback Policy

By purchasing Services from us, you agree to communicate with BOI-Labs in a timely manner about any charges, fees, or other amounts invoiced to you which you believe are in error. You further agree not to seek a chargeback on any credit card payments already made to BOI-Labs. In the event that you initiate a chargeback, you agree that BOI-Labs may, in its sole and absolute discretion, initiate a chargeback fee of $100 in addition to any amounts incurred by BOI-Labs in collecting the amounts charged back.

Delays by third-parties

The Services BOI-Labs provides often require submissions to, communications with, or feedback from third-parties, including, for example and without limitation, the U.S. Department of the Treasury, Financial Crimes Enforcement Network (or FinCEN). BOI-Labs cannot guarantee processing timeframes or turnaround times for third-parties. By purchasing Services from us, you agree that BOI-Labs shall not be responsible for any delays in providing the Services that are the result of delays by or from third-parties.

If you select legal or non-legal Services, such Services will be provided by the third-party clearly identified after you select such a Service.  BOI-Labs takes no responsibility, and disclaims any responsibility for the same, associated with any Services provided to you by such third-party.  You agree you will take appropriate due care, and evaluate such third-parties on your own.

Links to third-party sites and third-party services

BOI-Labs.com may contain links to other websites (“Linked Sites”), including, for example and without limitation, the Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue Department (NMTRD), and various law firms. We do not share your data or personal information with the Linked Sites, except to the extent you permit. The Linked Sites are not under our control and we are not responsible for the content, privacy policy, or data-handling policies and practices of any Linked Site. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

Certain services made available via BOI-Labs.com may be delivered by third-party service providers. As described in our Privacy Policy, we strive to ensure that our third-party service providers keep to the same high standards of data handling as we do. Any contracts we enter into with our third-party service providers include the data protection principles enshrined in the General Data Protection Regulation (GDPR) and require that the third-party service provider adhere to those principles. However, we cannot guarantee compliance by any third-party with industry standards, laws, and regulations governing the collection, management, and use of such data. By using any product, service or functionality of BOI-Labs.com, you hereby acknowledge and consent that we may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of BOI-Labs.com users and clients. The terms by which we may share such information and data are governed by our Privacy Policy.

No unlawful or prohibited use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use BOI-Labs.com strictly in accordance with these Terms of Use. As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these Terms. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

All content included as part of this website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on this website, is the property of BOI-Labs, LLC, and/or its affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this website. Our content is not for resale. Your use of this website does not entitle you to make any unauthorized use of any protected content, and, in particular, you may not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal use and will make no other use of the content without the express written permission of BOI-Labs and the copyright owner. You agree that you are not acquiring any ownership rights in any protected content by use of the Site. We do not grant you any licenses, express or implied, to the intellectual property of BOI-Labs or our licensors except as expressly authorized by these Terms.

This Website is for Individuals – Automated Scripts, Screen-Scraping and Bots are Prohibited from Accessing Services

You agree you will not use, nor cause to be used, any automation mechanism, including but not limited to automated scripts, screen-scraping, bots or other technology to interact with, mine data from or train AI systems with, BOI-Labs systems, software, technology or the Services.

Use of communication services

This website contains blog posts and discussion forums to which users of this website may post responses, replies, questions and answers that are visible to and accessible by the general public (collectively the “Discussions”). You agree to use the Discussions only to post questions or answers or comments that are proper and related to the particular Discussions post or article or category. While use of this website is generally governed by our Privacy Policy, you agree to be solely responsible for the dissemination and use by third-parties of any information you voluntarily post or relay through use of the Discussions. Such dissemination and use are beyond our ability to control and we therefore assume no responsibility for any loss, appropriation, or misuse of any such information.

Without limiting your other responsibilities under these Terms of Use, you agree that when using the Discussions, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload or attempt to upload software or files of any kind; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; restrict or inhibit any other user from using and enjoying the Discussions; violate any code of conduct or other guidelines which may be applicable for any particular part of the Discussions; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

We have no obligation to monitor user interactions with the Discussions. However, we reserve the right to review any submitted responses or replies to the Discussions and to either approve or deny approval of submissions before they are posted to the Discussions. We further reserve the right to terminate your access to the Discussions or any parts of the Discussions at any time, with or without notice, for any reason whatsoever.

Our right to disclose your personal information, including personal information provided to, by, or through the Discussions, is governed by our Privacy Policy.

Always use caution when giving out any personally identifying information about yourself or your children through use of the Discussions. BOI-Labs does not control or endorse the content, messages, or information found in responses or replies to content posted on the Discussions and, therefore, BOI-Labs specifically disclaims any liability with regard to said responses and replies.

Finally, we only permit validly licensed attorneys or learned experts to post answers to the questions submitted in the Discussions.  We require such answers to be professional, friendly, and not harassing.  Anyone violating these simple rules will be restricted from further posting of answer on this website.

Third-Party Accounts

You may be able to connect your user account on this website to accounts owned, hosted, or provided by third parties, including, for example and without limitation, Facebook, LinkedIn, Twitter, or Instagram. By connecting your BOI-Labs account to any third-party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to those third parties. We cannot guarantee the responsible data handling of those third parties or their compliance with industry standards and applicable laws and regulations, including, for example, GDPR. By using this feature, you are consenting to having your personal information and other data shared with these third parties and instructing us to do so. You may revoke this consent at any time by disabling this feature. We will, upon such revocation, cease sharing this data with the applicable third parties. We cannot verify or control the data retained by those third parties after such revocation.

International Users

The Service is controlled, operated, and administered by BOI-Labs from our offices within the State of New Mexico in the United States of America. We strive to maintain compliance with data privacy and protection laws and regulations, as well as other laws and regulations, unique and local to our various users across the globe. To that end, we have taken strides to implement GDPR-compliant data collection and handling practices. For a better understanding of those practices, please carefully review our Privacy Policy. By accessing the Site or using our services in a country outside of the United States of America, you agree that you will not use our services, the Site, or any content accessed thereby in any country or in any manner prohibited by local laws, regulations, or restrictions.

Indemnification

You agree to indemnify, defend and hold harmless BOI-Labs, its officers, directors, employees, agents, attorneys, and third-party affiliates, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use this website or the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with us in asserting any available defenses.

Liability disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes may be periodically added to the information herein. BOI-Labs and/or its third-party affiliates may make improvements and/or changes to the Site at any time.

To the maximum extent permitted by applicable law, in no event shall BOI-Labs and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if BOI-Labs or any of its affiliates have been advised of the possibility of damages.

Termination/access restriction

We reserve the right, in our sole and absolute discretion, to terminate your access to this website and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and the United States of America, and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, or employment relationship exists between you and BOI-Labs as a result of this agreement or use of this website, but agree that an agency relationship shall exist for purposes of performing the Services you order. BOI-Labs’ performance of the Services is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of BOI-Labs’ right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by BOI-Labs with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Unless otherwise specified, these Terms of Use, our Privacy Policy, and our Cookie Policy comprise the entire agreement between you and BOI-Labs with respect to your use of this website, and it supersedes all prior or contemporaneous agreements or representations, whether electronic, oral, or written, between you and BOI-Labs with respect to your use of this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

We reserve the right, in our sole and absolute discretion, to change the Terms of Use under which your use of BOI-Labs.com is governed. The most current version of the Terms of Use will supersede all previous versions. We encourage you to periodically review the Terms of Use and our Privacy Policy to stay informed of our updates.

Contact Information

We welcome your questions or comments regarding these Terms of Use. If you have suggestions or believe we may have violated the data-handling provisions of these Terms of Use or our Privacy Policy, you may contact our Data Protection Officer at:

Laurence S. Donahue, Esq.
BOI-Labs, LLC
6801 Jefferson St NE Ste 250
Albuquerque, NM 87109
Email:  <email_addr_here_soon>

Effective as of December 29, 2023
Last Revised: December 29, 2023