I have a dealership for a national cellphone carrier and I
I have a dealership for a national cellphone carrier and I would like to set up my own website for advertising purposes. According to their terms all advertising and selling online is prohibited by individual dealers, but was wondering if I started a site but in the disclaimer stated that we are in now way associated with the carrier and the site is for informational purposes - whether we could get away with it legallyJA: What state are you in? It matters because laws vary by location.Customer: CA CA doesn't care about non-compete clauses from what i understandJA: Has anything been filed or reported?Customer: no this is a preemptive question covering my basis before doing soJA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of
A customer just cancelled their service and said the service
A customer just cancelled their service and said the service was never properly authorized. They are asking for a complete refund dating base over 4 years and are asking for a 'contract' or original 'authorization.'We sent them an invitation packet in the mail years ago. That invitation included a letter, 1/3 page marketing piece and a remittance form if they wanted to participate. When we received that form along with payment, their account was activated and has remained active until their recent cancellation.The company feels the client was notified in subsequent years of the renewal and did not cancel but yet continued to pay the renewal invoices and the company continued to provide service to them. Now, while it is completely possible the service was not properly authorized by one of the owners (the authorized signers per the request), our company feels someone at their company may have authorized the service and is either no longer at the company or the authorized signer forgot about signing up.We do not have a 'contract' other than the language used on the initial mailer and that did include disclaimers and terms of sale. The company feels by the customer submitting payment they agreed to those terms and the signature on the payment could be considered authorization.My question is, if we simple agree to cancel their account and not bill them in the future, could they continue to seek a refund for past service. And, considering the time that has passed since they sign up. how does that affect legal rights for both parties. They signed up over 3 years ago.
I have an LLC formed Nov 2012 with operating agreement that
I have an LLC formed Nov 2012 with operating agreement that allows member withdrawal. Is a withdrawal considered a transfer? Member XXX wants to withdraw with no compensation but we signed the following (as a provision of a divorce agreement). I am trying to get out of the following agreement provision, how can I get out of this?Sale or Transfer of Business Interest. XXX will not sell, transfer or encumber all or any portion of his interest in the LLC (or its successor) without YYY's prior written consent, which consent will not be unreasonably withheld or delayed. At least thirty (30) days prior to any proposed sale or transfer, XXX will provide YYY in writing the name of the proposed purchaser or transferee and the terms of the proposed sale or transfer in sufficient detail so that YYY can evaluate the proposed transaction. YYY consent will not be considered unreasonably withheld if (i) XXX is in default of his obligations under this Agreement at the time the request for consent is made; (ii) the proposed transaction or purchaser is not bona fide; (iii) XXX fails to provide YYY with reasonably sufficient information to value the subject LLC interest; (iv) consideration for the sale or transfer is less than the full fair market value of subject LLC interest; or (v) adequate provision is not made for YYY to receive ten percent share of XXX's proceeds from the transaction. The reasons to withhold consent in the foregoing sentence are not exclusive; YYY may also base the withholding of her consent to a proposed sale, transfer, or encumbrance on any other reasonable grounds.
My son may be changing jobs but has a (losely defined)
My son may be changing jobs but has a (losely defined) non-compete in play. The new company says they will indemnify him. But I cannot imagine what this means in this case? Indemnify his attorney's fees? What if he loses what would they do then? What are your thoughts on this? He works in MA. Thanks
I am on the Board of an HOA, single homes. We have State
I am on the Board of an HOA, single homes. We have State Farm Insurance. they said we are covered for liability for anyone coming into the clubhouse that is not a resident but that means it would go against our insurance and then raise premiums etc.SF will not give us a single person rider for people just coming into give a speech. The person could sue us if they fall. Can we have them sign a non-disclaimer form before they enter if they don't have personal insurance? Does it work?
I am a Director of the retail business. 2 years ago my
Dear Sir/MadamI am a Director of the retail business. 2 years ago my partner borrowed me money by opening a personal loan on his name at the bank and a credit card and hoping to get a profit himself from investing money to expend my business.No any paper work have been signed. The loan amount is small $10k plus the credit card $5k. The business expansion did not work because the location was not successful. I am paying his loan monthly.My partner wants now to transfer the loan and credit card I am paying to a finance loan and make only one bill. He wants me to pay all the interest, etc and sign some paper work that I am obliged to pay all.My question:1) is my business and i myself as a director only the one responsible for the investment failure?2) will bringing two debts: loan and a credit card to one financial bill and signing a contract would harm me in any way?Kind regardsMarina