Propeller Membership Agreement
Effective: September 20, 2022
This Membership Agreement (“Agreement”) is entered into between Nazzaro PLLC (“Nazzaro”, also referred to as “We”, “Us” and “Our”) and the undersigned individual (“Member”, also referred to as “You” and “Your”).
Your membership dues are payable upon admission to Nazzaro membership in accordance with the current membership dues schedule, which may change from time to time, and is published here. Membership dues are annual dues, which may be paid monthly for your convenience. If You decide to cancel Your membership prior to the end of Your Membership Anniversary, such cancellation does not change the due date of subsequent monthly payments. There may be discounts for membership dues paid in fewer installments.
After payment of the initial membership dues, subsequent membership dues shall be required and payable on each successive 12-month anniversary of the date of admission to membership (“Membership Anniversary”). You shall be considered as being in arrears the day after the due date. We shall bill You for dues in advance by written invoice sent out at least 30 days prior to each Membership Anniversary. If You resign Your Nazzaro membership, You shall not be entitled to a refund. If You pay Your membership dues 90 days after Your Membership Anniversary, We shall consider the payment a reinstatement of Your membership and an agreement to continue this Agreement and Your original Membership Anniversary schedule shall still apply for the next due date; however, Your membership benefits shall terminate on Your Membership Anniversary and will not be available until Your membership is reinstated.
If You decide to upgrade Your membership during before Your Membership Anniversary, Your membership dues will be prorated and your new Membership Anniversary date will be considered the date on which you upgraded your membership.
Membership dues are not deductible as charitable contributions.
You are expected to adhere to Our membership ethics policy that is published here, which may be updated from time to time. In the event that We receive any complaints from anyone regarding Your conduct, actions, communications, and/or activities related to Us in any way, such complaint(s) may result in immediate termination of Your membership in Our sole discretion.
Educational Material, Not Legal Services
You understand that the material provided by Us is education material and is not intended as legal services and does not create an attorney-client relationship. You also understand that any information presented by Us is illustrative and is intended to be generally applicable information. Statements by Us, whether on-line or verbally, shall not be construed as legal services or advice on your particular needs.
Membership Term and Termination
The term of this Agreement and Your date of admission to membership shall begin on the date that Your membership application has been accepted and that You have paid Your membership dues, or whichever is later if not the same date. Your membership shall end on the date of termination, expiration, or cancellation of Your membership, or upon any earlier termination of this Agreement by Us. Your membership automatically terminates on the date of Your Membership Anniversary if You do not pay Your applicable membership dues for that year, subject to the Dues section of this Agreement.
Unless terminated as provided herein, this Agreement shall remain in full force and effect, renewing annually, at the beginning of Your Membership Anniversary.
You have the right to cancel Your membership at any time, upon receipt of written notice from You to Us. We shall not be responsible for a refund of any fees and charges paid by You prior to termination of this Agreement.
We shall have the right, in Our complete and sole discretion, to terminate this Agreement or suspend Your Membership upon breach of any provision of this Agreement. We shall not be responsible for a refund of any fees and charges paid by You prior to termination of this Agreement.
We shall have the right, in Our complete and sole discretion, to terminate the Agreement for convenience five days after providing written notice to You; provided however, that in the event of an exercise of this right to terminate for convenience, We shall refund to You a pro rata amount of membership dues paid for such membership year as calculated by the amount paid for such membership year in which termination became effective multiplied by the number of days remaining in the membership year divided by 365 days. Any such refund due and payable to You shall be paid within thirty days of the effective date of the termination of this Agreement.
Upon termination, all membership benefits of this Agreement immediately cease, including the ability to claim current certification under Nazzaro, if applicable.
Downloaded or Viewable Materials
Once any education material, typically considered “Guides” or “Assets” that are downloadable documents have been downloaded by the member, no refunds may be provided. Once pre-recorded videos have been viewed by the member, no refunds may be provided.
Certain paid events (individually referred to as an “Event”) that require payment for attendance cannot be guaranteed until full payment has been received. Any cancellations are subject to the specific Event’s cancellation policy as posted online. In the event there is no posted cancellation policy, cancellations received 60 days or more before an Event will receive a refund minus a $250 administration fee or the cost of the Event, whichever is less. Cancellations received 30 days or more before an Event will receive a credit voucher to use for future Events. Cancellations less than 30 days before an Event will not be refunded.
Certain paid Internet-based events, those that do not have attendees in-person, (individually referred to as a “Web Event”) that require payment for participation or attendance cannot be guaranteed until full payment has been received. Any cancellations are subject to the specific Web Event’s cancellation policy as posted online. In the event there is no posted cancellation policy, cancellations received 10 days prior to the Web Event will receive a refund minus a $50 administration fee or the cost of the Web Event, whichever is less. Cancellations received 3 days or more before a Web Event will receive a credit voucher to use for future Web Events. Cancellations less than 3 days before a Web Event will not be refunded.
Tickets to Web Events may be transferable, please see the Web Event details for further information and restrictions. An additional fee may be assessed in order to transfer a ticket to a non-member.
If You register for a Web Event that You do not attend, and We did not receive a cancellation request as stated above, there will be no refund.
Discounts on Legal Services
Discounts on legal services are subject to the execution of a binding engagement letter with Nazzaro. If You cancel Your Membership, then any discounts on legal services will no longer apply as of the date of termination.
Legal services are a distinct and separate services from the Propeller Club. In the event Nazzaro does not provide legal services, the current dues of Membership shall be refunded for Rudder and Propulsion members.
Intellectual Property; Confidentiality
All content presented through Our member-only area of the website and Web-Events are considered Our “Intellectual Property” and confidential. Anyone who has communicated Our Intellectual Property to any other person or entity without Our express written consent shall be subject to penalties. Penalties include termination of membership and all the benefits of membership and the inability to apply for membership in the future. There shall be no refund of any fees related to membership or certification that have already been paid. Intellectual Property may not be sold or distributed whether or not for profit.
License to Use Feedback
You grants to You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of Our services.
Limitation of Liability
You agree that You will not sue Us for injunctive relief or for any damages on any matter concerning the subject matter of this Agreement. In no event shall We be liable to You or any other for any damages of any type as a consequence of Your actions pursuant to this Agreement, whether such actions are authorized or unauthorized pursuant to the terms of this Agreement.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Not withstanding anything contained herein, We will not be liable for any breach-of-contract damages suffered by You that are remote or speculative, or that We could not reasonably have foreseen on entry into this agreement. Our liability under this Agreement shall not exceed the last membership due paid under this Agreement.
In no event shall Our aggregate liability arising out of or related to this Agreement exceed the total amount paid by You for the membership dues and membership activities giving rise to the liability in the 12 months preceding the first incident out of which the liability arose. The foregoing limitation will not limit your obligations under the “Dues” section above and any fees due for membership activities or other services retained through Nazzaro PLLC.
Governing Law; Venue
This Agreement shall be governed by and construed under, and the legal relations among the parties hereto shall be determined in accordance with, the laws of the State of Washington, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. In the event of any dispute that arises out of or is related to Your membership and/or this Agreement, You agree to submit to personal jurisdiction of the state and federal courts located in King County, Washington for any suit or action arising from or related to this Agreement, and waive any right You may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by You against Us. You also irrevocably waive any right You may have to a jury trial.
All waivers must be in writing and signed by the waiving party. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
This Agreement constitutes the entire agreement between You and Us. No modification or amendment of this contract shall be effective unless in writing and signed by both parties.
If any provision of this Agreement is held invalid or unenforceable, all other provisions shall remain valid, and this Agreement shall be enforced to the full extent allowable under applicable law and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision.
We reserve the right to change this Agreement and/or its terms at any time and may eliminate the license granted herein with respect to You individually or all members collectively at any time. Any change to this Agreement and/or its terms shall be effective as of the date of posting to Our website or actual notice to You, whichever is earlier.
You agree that We may send notices to You at the email address provided in Your membership profile. You may contact Us directly at the phone number and email provided on Our Contact page.