Last Updated: November 29, 2025


TERMS OF SERVICE ("TERMS")

1. Scope of These Terms; Relationship to Master Engagement Agreement

These Terms of Service govern only Your use of the Creative Counsel Law website and related online services, including the client portal, electronic communications, and electronic delivery systems. These Terms do not govern the attorney-client relationship or legal services.

The Master Engagement Agreement may incorporate these Terms of Service by reference for technical and administrative matters related to Website and portal use. In the event of any conflict between these Terms of Service and the Master Engagement Agreement, the Master Engagement Agreement controls for all matters relating to legal representation.

Please read these terms and conditions carefully before using Our Service.

2. Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions

For the purposes of these Terms of Service:

   “Affiliate” means an entity that controls, is controlled by or is under common control with the Firm, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
   “Account” means a unique account created for You to access our Website, client portal, or other parts of our Service.
   “Company” or "Firm" (referred to as either "the Company", "the Firm", "We", "Us" or "Our" in this Agreement) refers to Creative Counsel Law.
   “Country” refers to the United States.
   “Content” refers to content such as text, images, documents, or other information that can be posted, uploaded, linked to or otherwise made available by You through the Service, regardless of the form of that content.
   “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
   “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website or services.
   “Service” refers to the Website and any related services, information, resources, or tools provided by the Firm through the Website.
   “Terms of Service” (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Firm regarding the use of the Service and Website.
   “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
   “Website” refers to the Creative Counsel Law website, accessible from www.creativecounsellaw.com (or applicable URL).
   “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Acknowledgment

These are the Terms of Service governing the use of this Website and the agreement that operates between You and the Firm. These Terms of Service set out the rights and obligations of all users regarding the use of the Website and Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service. Please note that use of this Website or Service does not, by itself, create an attorney-client relationship. An attorney-client relationship is created only when You and the Firm execute a Statement of Work ("SOW") for a specific matter or project, which incorporates by reference the Firm's Master Engagement Agreement (also referred to as an engagement agreement or retainer agreement as specified in Tennessee Rules of Professional Conduct, Rule 1.5), and all conditions to commencement stated in that Master Engagement Agreement are satisfied.

You represent that you are over the age of 18. The Firm does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Firm. Our Privacy Policy describes Our policies and procedures on the collection, use, storage, and disclosure of Your personal information across Our website, client portal, email communications, and social media channels. The Privacy Policy also explains Your privacy rights and how the law protects You, including with respect to cookies, tracking technologies, analytics tools, third-party service providers, and data security practices. The Privacy Policy is available at www.creativecounsellaw.com/privacy and is incorporated into these Terms by reference. Please read Our Privacy Policy carefully before using Our Service.

If You engage the Firm for legal services, You will execute a Statement of Work ("SOW") for the specific project or matter, which will incorporate by reference the Firm's Master Engagement Agreement (also referred to as an engagement agreement or retainer agreement) as contemplated by Tennessee Rules of Professional Conduct, Rules 1.2, 1.4, and 1.5. The Master Engagement Agreement is available for review at www.creativecounsellaw.com/master-agreement.

The Master Engagement Agreement may incorporate these Terms of Service by reference for the limited subjects they address (including Website use, portal access, electronic delivery, and electronic communications). The Master Engagement Agreement controls for all matters relating to the attorney-client relationship, legal services, scope of representation, fees, costs, payment, billing, disputes, termination, file delivery, confidentiality, conflicts, and all other substantive terms of the representation. These Terms of Service control only for Website and Service use, portal access, and related technical matters. The Firm may update these Terms of Service as described below.

4. User Accounts

When You create an account with Us, such as for access to our client portal or resources, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account. If You engage the Firm for legal services, the terms governing Your account, including payment methods, authorization to charge, billing procedures, and payment disputes, are set forth in the Firm's Master Engagement Agreement (also referred to as an engagement agreement or retainer agreement), which is incorporated by reference into Your Statement of Work, and not in these Terms of Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5. Content Submissions and Communications

Our Service may allow You to submit Content or communications. You are responsible for the Content that You submit to the Service, including its legality, reliability, and appropriateness. Note that confidential or sensitive legal matters should only be communicated through secure channels as directed by the Firm.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service solely for the purpose of operating and improving the Website and providing services to You. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. Content Restrictions

The Firm is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  •  Unlawful or promoting unlawful activity.
  •  Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  •  Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  •  Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  •  Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  •  Impersonating any person or entity including the Firm and its employees or representatives.
  •  Violating the privacy of any third person.
  •  False information and features.

The Firm reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Firm further reserves the right to make formatting and edits and change the manner of any Content. The Firm can also limit or revoke the use of the Service if You post such objectionable Content. As the Firm cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Firm be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

7. Content Backups

Although regular backups of Content are performed, the Firm does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Firm will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Firm has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

8. Social Media Interactions

These Terms also govern Your interaction with the Firm's social media pages and accounts, including but not limited to LinkedIn, Facebook, Instagram, Twitter/X, and any other social media platforms on which the Firm maintains a presence. By following, commenting on, liking, sharing, messaging, or otherwise engaging with the Firm's social media content or accounts, You agree to comply with these Terms and with the terms of service, community guidelines, and policies of the applicable third-party social media platform.

9. No Attorney-Client Relationship via Social Media; No Duty to Monitor or Respond

Social media interactions, direct messages, comments, posts, and any other form of social media contact or communication with the Firm or its personnel do not create an attorney-client relationship, do not constitute a request for legal services, and do not trigger any duty on the part of the Firm to respond, advise, monitor, investigate, or take action. You should not use social media to transmit confidential information, request legal advice, report time-sensitive matters, or communicate about pending legal matters. The Firm has no obligation to respond to or act upon any social media message, comment, or communication. Any information You post on the Firm's social media pages or send via direct message may be visible to others and is not confidential.

10. Firm's Right to Moderate and Remove Content

The Firm reserves the right, in its sole discretion, to hide, remove, delete, or decline to publish any comment, post, message, or other content submitted by You or any third party on the Firm's social media pages. The Firm may also block, ban, mute, or restrict any user who violates these Terms or engages in spam, harassment, defamatory statements, discriminatory comments, promotional solicitation, impersonation, or other inappropriate conduct, or for any other reason in the Firm's discretion. The Firm is not responsible for content posted by third parties on its social media pages or for any third party's use of information You choose to post publicly.

11. Marketing and Newsletter Communications; Consent and Opt-Out

By providing Your email address to the Firm through Our website, portal, contact forms, events, webinars, or otherwise, or by subscribing to the Firm's newsletter, blog updates, or other marketing communications, You consent to receive periodic emails from the Firm. These emails may contain legal updates, articles, firm news, event invitations, service announcements, and other informational or promotional content.

Marketing emails are provided for general informational purposes only. They do not create an attorney-client relationship, do not constitute legal advice, and should not be relied upon as a substitute for consultation with a qualified attorney regarding Your specific circumstances.
You may opt out or unsubscribe from marketing emails at any time by using the "unsubscribe" link included in any marketing email, by updating Your preferences in the client portal (if applicable), or by sending a written request to admin@creativecounsellaw.com. Your opt-out request will be processed promptly, typically within ten (10) business days. Opting out of marketing emails does not affect transactional or relationship messages if You are a current client, such as invoices, payment receipts, portal notifications, matter updates, scheduling confirmations, or other communications necessary to the services the Firm is providing to You under an engagement.

The Firm complies with the CAN-SPAM Act and other applicable email marketing laws. Our marketing emails will include the Firm's physical address and a functioning opt-out mechanism.

12. Text Messaging and SMS

If You provide Your mobile phone number and consent to receive text messages (SMS) from the Firm, You agree that the Firm may send You appointment reminders, matter updates, account notifications, or other transactional messages via text. You may opt out of text messages at any time by replying "STOP" to any message from the Firm or by notifying the Firm in writing at admin@creativecounsellaw.com. Standard message and data rates from Your mobile carrier may apply. The Firm will not send marketing or promotional text messages without Your prior express written consent in compliance with the Telephone Consumer Protection Act (TCPA) and applicable regulations.

Text messages are provided as a convenience and supplement to email and portal communications. The Firm is not responsible for delays, failures, or security vulnerabilities in text message delivery, which are controlled by Your mobile carrier and third-party messaging platforms. As stated elsewhere in this Agreement and in the Master Engagement Agreement, text messages are not a secure or reliable method for transmitting confidential information, legal instructions, or time-sensitive requests, and the Firm has no duty to monitor or respond to texts outside business hours or as a primary communication channel.

13. Third-Party Platform Terms; Firm Not Responsible for Third-Party Services

Your use of any third-party platform (including social media networks, email providers, SMS carriers, scheduling tools, video conferencing services, e-signature platforms, or payment processors) to interact with the Firm or to access the Service is also governed by that third party's terms of service, privacy policy, and acceptable use policies. The Firm has no control over and assumes no responsibility for the content, policies, practices, availability, security, or conduct of any third-party service or platform. You acknowledge and agree that the Firm is not liable for any harm, loss, or damage arising from Your use of or reliance on any third-party service, including any unauthorized access, data breach, service interruption, or policy change by that third party.

14. No Confidential Communications via Unsecured Channels

You acknowledge and agree that social media platforms, public comment sections, unencrypted email, and text messaging are not secure channels. You should not use these channels to transmit confidential, privileged, sensitive, or proprietary information. For secure communications regarding legal matters, You should use the Firm's client portal, encrypted email (if arranged in advance), or other secure methods as directed by the Firm. Any information You choose to transmit via an unsecured channel is transmitted at Your own risk.

15. Copyright Policy; Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal@creativecounsellaw.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

16. DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  •  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  •  A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  •  Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  •  Your address, telephone number, and email address.
  •  A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  •  A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at legal@creativecounsellaw.com. Upon receipt of a notification, the Firm will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

17. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Firm and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creative Counsel Law.

18. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Firm. If for any reason such assignment is ineffective, You agree to grant the Firm a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

19. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Firm.

The Firm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

20. Termination

We may terminate or suspend Your Account and access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. If You have engaged the Firm for legal services under a Statement of Work that incorporates the Firm's Master Engagement Agreement (also referred to as an engagement agreement or retainer agreement), termination or withdrawal from that legal representation will be governed exclusively by the provisions of the Master Engagement Agreement, including provisions relating to scope, fees, costs, payment obligations, lien rights, file delivery, and post-termination obligations.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. If You have engaged the Firm for legal services, all payment obligations, post-termination duties, and related matters are governed by the Firm's Master Engagement Agreement (also referred to as an engagement agreement or retainer agreement) incorporated into Your Statement of Work, not by these Terms of Service.

21. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Firm and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Firm or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Firm or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

22. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Firm, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Firm provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Firm nor any of the Firm's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Firm are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

23. Governing Law

The laws of the State of Tennessee, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Website may also be subject to other local, state, national, or international laws.

24. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Firm. Any dispute that arises from or relates to an attorney-client relationship, legal representation, legal services provided by the Firm, fees, costs, billing, scope of representation, or any other matter governed by the Firm's Master Engagement Agreement (also referred to as an engagement agreement or retainer agreement) incorporated into Your Statement of Work will be subject to the dispute resolution provisions set forth in the Master Engagement Agreement, not these Terms of Service.

For disputes relating solely to website access or use of this Website or Service that do not involve legal services, an attorney-client relationship, or an engagement, the parties agree to seek resolution through good-faith negotiation, and if necessary, confidential binding arbitration in Knoxville, Tennessee, before a single neutral arbitrator, with costs allocated by the arbitrator. The parties agree that the arbitration proceedings, all documents, testimony, and the award shall be kept confidential to the maximum extent permitted by law, except as necessary to enforce or challenge the award or as required by law or court order. By agreeing to arbitration, You waive the right to bring an action in court and the right to a jury trial for covered disputes. Nothing in this provision limits the Firm's right to seek interim relief in court for matters within the scope of these Terms of Service.

25. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

26. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

27. 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 will continue in full force and effect.

28. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

29. Modifications to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. When We make changes, We will provide notice by updating the "Last Updated" date at the top of these Terms. For material changes (as determined in Our sole discretion), We will make reasonable efforts to provide at least thirty (30) days' advance notice by email to the address You have on file with Us or by posting notice through the client portal.

Unless a later effective date is stated in the notice, updates take effect five (5) days after notice is posted for existing users and clients. Changes are effective immediately upon posting for new users, visitors to the Website, anyone creating a new account after the update, and anyone executing a new Statement of Work after the update.

By continuing to access or use Our Service, including the Website, client portal, or electronic delivery systems, after the effective date of any revisions, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Updates to these Terms of Service apply prospectively to Website and Service use only and do not alter any fees, payment obligations, scope of representation, or other substantive terms established under the Master Engagement Agreement or any Statement of Work executed by You and the Firm.

30. Contact Us

If you have any questions about these Terms of Service, You can contact us:

  •  By using the contact information provided on our website at www.creativecounsellaw.com.
  •  By sending us an email to: info@creativecounsellaw.com.